Last reviewed 16 Sept 2026 · Facts as of 16 Sept 2026 · 10 min read
Constitutional provisions
| Provision | Content |
|---|---|
| Article 48A (Directive Principles, added by the 42nd Amendment, 1976) | The State shall endeavour to protect and improve the environment and safeguard forests and wildlife |
| Article 51A(g) (Fundamental Duties, 42nd Amendment) | Duty of every citizen to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures |
| Article 21 (Right to life) | Interpreted by the Supreme Court to include the right to a clean and healthy environment, pollution-free water and air |
| Articles 32 and 226 | Writ jurisdiction — basis of public interest litigation on environmental issues |
| Seventh Schedule | Subjects such as forests, wildlife, water and public health distributed among Union, State and Concurrent lists |
Major environmental Acts
| Act | Key features |
|---|---|
| Wild Life (Protection) Act, 1972 | Protection of wild animals, birds and plants; schedules of protected species; national parks and sanctuaries; regulation of trade |
| Water (Prevention and Control of Pollution) Act, 1974 | First major pollution law; established the Central and State Water Pollution Boards (later renamed Pollution Control Boards); consent for discharges |
| Forest (Conservation) Act, 1980 | Prior approval of the Central Government for diversion of forest land for non-forest purposes; amended in 2023 and renamed the Van (Sanrakshan Evam Samvardhan) Adhiniyam |
| Air (Prevention and Control of Pollution) Act, 1981 | Air pollution control areas; consent for industries; functions entrusted to the pollution control boards |
| Environment (Protection) Act, 1986 | Umbrella legislation enacted after the Bhopal gas tragedy; empowers the Central Government to set standards, regulate industries, restrict areas, and issue notifications (EIA, CRZ, etc.) |
| Public Liability Insurance Act, 1991 | Compulsory insurance to provide immediate relief to victims of accidents involving hazardous substances (no-fault liability) |
| Biological Diversity Act, 2002 | Conservation of biodiversity, sustainable use and fair sharing of benefits; National Biodiversity Authority, State Biodiversity Boards, Biodiversity Management Committees |
| Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 | Recognises individual and community rights of forest dwellers |
| National Green Tribunal Act, 2010 | Established the NGT for effective and expeditious disposal of environmental cases |
| Compensatory Afforestation Fund Act, 2016 | Management of funds collected for compensatory afforestation (CAMPA) |
Penal provisions of some environmental laws have been revised (e.g. through the Jan Vishwas (Amendment of Provisions) Act, 2023, which replaced certain imprisonment provisions with monetary penalties).
Important rules and notifications (under the Environment (Protection) Act)
| Rule / notification | Purpose |
|---|---|
| Environment (Protection) Rules, 1986 | Emission and effluent standards (general and industry-specific) |
| Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 | Control of hazardous chemicals and major accident hazards |
| Ozone Depleting Substances (Regulation and Control) Rules, 2000 | Phase-out of ODS under the Montreal Protocol |
| Noise Pollution (Regulation and Control) Rules, 2000 | Ambient noise standards by zone; loudspeaker restrictions |
| EIA Notification, 2006 | Prior environmental clearance for specified projects (Category A and B) |
| Coastal Regulation Zone (CRZ) Notification (1991, 2011, 2019) | Regulates activities along coasts; zones CRZ-I to CRZ-IV |
| Solid Waste Management Rules, 2016 | Source segregation, duties of generators and local bodies |
| Plastic Waste Management Rules, 2016 (amended) | Extended producer responsibility; ban on identified single-use plastics from 1 July 2022 |
| Construction and Demolition Waste Management Rules, 2016 | Handling of C&D waste |
| E-Waste (Management) Rules, 2022 | EPR for e-waste, RoHS limits |
| Battery Waste Management Rules, 2022 | EPR for batteries |
Central Ground Water Authority (CGWA) — constituted under the Environment (Protection) Act (1997) to regulate groundwater extraction.
Regulatory institutions
| Body | Role |
|---|---|
| Ministry of Environment, Forest and Climate Change (MoEFCC) | Nodal ministry for policies, laws, clearances and international negotiations |
| Central Pollution Control Board (CPCB) | Constituted in 1974 under the Water Act; advises government, coordinates SPCBs, sets and monitors standards, national air and water quality monitoring programmes |
| State Pollution Control Boards (SPCBs) / Pollution Control Committees (UTs) | Grant consents, monitor and enforce standards in states |
| National Green Tribunal (NGT) | Specialised court (2010); principal bench at New Delhi with zonal benches (Bhopal, Pune, Kolkata, Chennai); applies principles of sustainable development, precautionary principle and polluter pays |
| State Environment Impact Assessment Authorities (SEIAA) | Environmental clearance for Category B projects |
Consents and categorisation
- Consent to Establish (CTE) — before setting up an industry; Consent to Operate (CTO) — before starting production; renewed periodically.
- Categorisation of industries (2016) based on a pollution index (0–100): Red (index 60 and above — highly polluting), Orange (41–59), Green (21–40), White (up to 20 — practically non-polluting, no consent required). Red category industries are generally not permitted in ecologically fragile/protected areas.