Legislative Powers of Parliament and State Legislatures on Environmental Matters

Environmental protection in India requires laws dealing with water, forests, wildlife, industries, public health, land and natural resources. The Constitution does not place “environment” under one specific legislative entry. Instead, environmental subjects are distributed between Parliament and State Legislatures through the Union, State and Concurrent Lists. This constitutional arrangement creates shared responsibility and requires coordination between the Union and the States.

Constitutional Scheme Of Legislative Powers

India follows a federal constitutional system in which legislative powers are divided between Parliament and the State Legislatures. The main provisions governing this distribution are contained in Articles 245 and 246 of the Constitution, read with the Seventh Schedule.

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Article 245 defines the territorial extent of laws. Parliament may make laws for the whole or any part of India. A State Legislature may make laws for the whole or any part of that State. A parliamentary law cannot be declared invalid merely because it has an extra-territorial operation, provided there is a sufficient connection with India.

Article 246 distributes subject-wise legislative authority through three lists:

• The Union List or List I contains subjects on which Parliament has exclusive power to legislate.
• The State List or List II contains subjects on which State Legislatures ordinarily have exclusive power.
• The Concurrent List or List III contains subjects on which both Parliament and State Legislatures may make laws.

Environmental regulation is spread across all three lists. Therefore, the legislative competence to enact an environmental law depends upon the true nature and substance of that law.

Environment As A Composite Legislative Subject

The word “environment” does not appear as an independent legislative subject in the Seventh Schedule. This does not mean that environmental law falls outside the constitutional division of powers.

Environmental protection is a broad field covering air pollution, water pollution, industrial regulation, forests, wildlife, mining, public health, sanitation, agriculture, land use and urban development. Each component may fall under a different constitutional entry.

For example, water is primarily a State subject, but inter-State rivers are subject to parliamentary regulation in specified circumstances. Forests and wildlife are Concurrent List subjects. Regulation of major industries, mines and mineral development may fall within Parliament’s authority. Public health and sanitation generally remain State subjects.

The legislative competence of Parliament or a State Legislature must therefore be identified by examining the purpose, substance and legal effect of the legislation.

Legislative Powers Of Parliament On Environmental Matters

Parliament can enact environmental laws through several constitutional routes. Its authority is not limited to subjects expressly described as environmental matters.

Environmental Subjects Under The Union List

Several entries in the Union List directly or indirectly support parliamentary legislation concerning the environment.

Entry 52 deals with industries whose control by the Union is declared by Parliament to be expedient in the public interest. Once Parliament makes such a declaration, it may regulate the concerned industry, including aspects connected with pollution control, safety and environmental standards.

Entry 53 concerns the regulation and development of oilfields and mineral oil resources. Activities connected with petroleum extraction, processing and development may have significant environmental consequences.

Entry 54 permits Parliament to regulate mines and mineral development to the extent declared by law to be under Union control. Mining has a direct impact on forests, land, water bodies, biodiversity and local communities.

Entry 56 relates to the regulation and development of inter-State rivers and river valleys where Parliament declares Union control to be expedient in the public interest. This entry is important for river management, inter-State water projects and environmental issues extending across State boundaries.

Entry 57 deals with fishing and fisheries beyond territorial waters. It enables parliamentary control over marine resources outside the territorial jurisdiction of States.

Parliament may also rely on other Union List subjects such as atomic energy, shipping, ports, railways and international relations where the regulated activity has environmental implications.

Residuary Power Under Article 248

Article 248 gives Parliament exclusive authority over matters not included in the State List or Concurrent List. This power is read with Entry 97 of the Union List.

Environmental problems continue to develop with advances in science and technology. Matters such as emerging pollutants, new categories of hazardous substances or environmental concerns not clearly covered by existing entries may fall within Parliament’s residuary authority.

However, residuary power cannot be used merely because a law has an environmental purpose. If the subject substantially falls within an existing State or Concurrent List entry, the distribution under Article 246 must be respected.

Parliamentary Power In The National Interest

Under Article 249, Parliament may legislate on a State List matter when the Council of States passes a resolution supported by not less than two-thirds of the members present and voting. The resolution must declare that it is necessary or expedient in the national interest for Parliament to legislate on the specified subject.

This provision may become relevant where an environmental issue falling within the State List has national consequences. Large-scale pollution, ecological emergencies or the management of resources affecting several States may justify national legislation through this mechanism.

A law made under Article 249 remains effective during the operation of the resolution and for six months after the resolution ceases to operate.

Parliamentary Power During An Emergency

Article 250 authorises Parliament to legislate on State List matters while a Proclamation of Emergency is in operation. Such a law continues to operate until six months after the emergency ends.

This power is temporary and exceptional. It does not permanently transfer the concerned State subject to Parliament.

Legislation With The Consent Of States

Article 252 permits Parliament to legislate on a State List subject when two or more State Legislatures pass resolutions requesting Parliament to make such a law. Other States may later adopt the parliamentary law by passing similar resolutions.

A law enacted under Article 252 can be amended or repealed only by Parliament, even though the subject originally belonged to the State List.

The Water (Prevention and Control of Pollution) Act, 1974 is a major example. Water, sanitation and related matters substantially fell within State legislative authority. Several States passed resolutions authorising Parliament to enact a common law for preventing and controlling water pollution. The Act established the Central Pollution Control Board and State Pollution Control Boards and created a coordinated pollution-control framework.

The Wild Life (Protection) Act, 1972 was also originally enacted through resolutions passed by States under Article 252 because the protection of wild animals and birds was then primarily a State subject. The constitutional position later changed through the Forty-Second Amendment.

Implementation Of International Obligations

Article 253 gives Parliament wide authority to make laws for implementing treaties, agreements, conventions and decisions made at international conferences or bodies.

This power operates notwithstanding the normal division of legislative authority under Article 246. Parliament may therefore legislate even on matters ordinarily falling in the State List when such legislation is necessary to implement an international obligation or decision.

Article 253 has played a major role in the development of Indian environmental law. The United Nations Conference on the Human Environment held at Stockholm in 1972 influenced the enactment of national pollution-control legislation.

The Air (Prevention and Control of Pollution) Act, 1981 was enacted to prevent, control and reduce air pollution and to give effect to decisions taken at the Stockholm Conference.

The Environment (Protection) Act, 1986 was enacted as an umbrella legislation for environmental protection and improvement. It grants the Central Government wide powers to prescribe environmental standards, regulate industrial operations, control hazardous substances and issue binding directions.

The Biological Diversity Act, 2002 was enacted to give effect to India’s obligations under the Convention on Biological Diversity. It provides for the conservation of biological diversity, sustainable use of biological resources and fair sharing of benefits arising from their use.

Article 253 is particularly important because environmental problems often cross political boundaries and require the implementation of international standards through uniform national laws.

Legislative Powers Of State Legislatures

State Legislatures play a central role in environmental governance because many environmental subjects are closely connected with local land, water, public health and administration.

Public Health And Sanitation

Entry 6 of the State List deals with public health and sanitation, hospitals and dispensaries. State laws relating to waste disposal, sewage management, sanitation, disease prevention and local cleanliness may derive support from this entry.

Pollution often creates direct risks to public health. State authorities may therefore regulate activities affecting hygiene, sanitation and community health, subject to applicable parliamentary laws.

Agriculture

Entry 14 covers agriculture, agricultural education and research, protection against pests and prevention of plant diseases.

States may regulate agricultural practices, pesticide use within their lawful competence, soil protection, irrigation practices and measures affecting agricultural sustainability. However, some matters concerning chemicals, industries and inter-State trade may fall within Union or Concurrent authority.

Water

Entry 17 of the State List includes water supplies, irrigation, canals, drainage, embankments, water storage and water power. The entry is expressly subject to Union List Entry 56 concerning inter-State rivers and river valleys.

States therefore have substantial authority over water resources situated within their territories. They may enact laws governing groundwater, irrigation, local water supply, drainage and water conservation.

However, State power becomes limited where an inter-State river or river valley is brought under Union regulation through parliamentary law.

Land

Entry 18 concerns land, rights in or over land, land tenures, agricultural land and land improvement. State laws regulating land use, development, conservation, agricultural land and local planning may have an important environmental dimension.

Land-use decisions determine the location of industries, residential areas, waste facilities and infrastructure projects. State planning and development laws therefore form a major part of environmental governance.

Fisheries

Entry 21 gives States legislative power over fisheries within their territorial jurisdiction. States may regulate inland fisheries, protect fish populations, control destructive fishing practices and manage aquatic resources, subject to parliamentary authority beyond territorial waters.

Industries

Entry 24 covers industries, subject to Union List Entries 7 and 52. States may regulate industries that have not been brought under Union control through parliamentary declaration.

State industrial laws may address siting, local licensing, safety and environmental conditions. Once Union control is declared under Entry 52, the extent of State authority depends upon the scope of the parliamentary law.

Environmental Subjects In The Concurrent List

The Concurrent List enables both Parliament and State Legislatures to legislate. Several important environmental subjects were placed in this list through constitutional amendment.

Forests

Entry 17A covers forests. Forests were originally included in the State List. The Constitution (Forty-Second Amendment) Act, 1976 transferred forests to the Concurrent List.

The transfer recognised that forests have importance beyond State boundaries. They affect biodiversity, climate, water security, soil conservation and ecological balance.

Parliament has enacted laws such as the Forest (Conservation) Act, 1980, now renamed and amended as the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980. States also retain authority to legislate and administer forest matters, subject to central legislation.

Protection Of Wild Animals And Birds

Entry 17B deals with the protection of wild animals and birds. This subject was also transferred from the State List to the Concurrent List by the Forty-Second Amendment.

Both Parliament and States may legislate on wildlife protection. However, the Wild Life (Protection) Act, 1972 provides the principal national framework governing protected species, hunting restrictions, sanctuaries, national parks and wildlife trade.

Economic And Social Planning

Entry 20 concerns economic and social planning. Environmental regulation frequently forms part of development planning. Laws concerning industrial development, infrastructure, regional planning and the sustainable use of resources may receive support from this entry.

The Concurrent List reflects the need for shared legislative responsibility. Parliament may establish national standards, while States may address regional ecological and administrative conditions.

Repugnancy Between Parliamentary And State Laws

Article 254 resolves conflicts between parliamentary and State laws on Concurrent List subjects.

Under Article 254(1), if a State law is inconsistent with a parliamentary law on a Concurrent List matter, the parliamentary law prevails. The inconsistent part of the State law becomes void.

Article 254(2) creates an exception. A State law that is inconsistent with an earlier parliamentary law may prevail within that State if it has been reserved for the consideration of the President and has received Presidential assent.

Even after Presidential assent, Parliament may override the State law by enacting another law on the same matter. Therefore, Presidential assent does not permanently prevent parliamentary intervention.

Repugnancy arises only when both laws operate within the Concurrent List and contain a direct or irreconcilable conflict. A mere difference in detail does not automatically make the State law invalid.

Doctrines Used To Determine Legislative Competence

Courts apply established constitutional doctrines when environmental laws overlap across the three lists.

Doctrine Of Pith And Substance

The doctrine of pith and substance examines the true nature and dominant purpose of a law. A law does not become invalid merely because it incidentally affects a subject assigned to another legislature.

For example, a State law primarily dealing with public health may incidentally regulate industrial activity. It may remain valid if its real substance falls within State competence.

Incidental Encroachment

Legislative entries are interpreted broadly. A legislature having power over a subject also possesses authority over matters reasonably incidental to that subject.

Environmental laws often affect several fields at once. Incidental overlap is therefore unavoidable and does not by itself establish constitutional invalidity.

Harmonious Construction

Courts attempt to interpret entries in a manner that preserves the authority of both Parliament and State Legislatures. Apparently conflicting entries are read together so that each receives a meaningful field of operation.

This approach is especially relevant to water management, industrial regulation, mining, forests and public health.

Administrative Role Of The Union And States

Legislative power must be distinguished from administrative responsibility. Many central environmental laws create a joint administrative framework.

The Central Government prescribes national policies, standards and rules under major environmental statutes. The Central Pollution Control Board coordinates pollution-control activities and provides technical guidance.

State Governments and State Pollution Control Boards perform much of the day-to-day implementation. Their functions include granting consent to industries, inspecting facilities, collecting samples, monitoring compliance and taking action against violations.

Local bodies also perform environmental functions relating to sanitation, solid waste, water supply, sewage and local planning. Effective environmental protection therefore depends upon coordination across all levels of government.

Importance Of Cooperative Environmental Federalism

Environmental problems rarely remain confined within administrative boundaries. River pollution may travel from one State to another. Air pollution may spread across an entire region. Forest loss may affect rainfall, biodiversity and climate beyond the State where it occurs.

A rigid separation of powers is therefore unsuitable for environmental governance. Parliament is better placed to prescribe national standards and fulfil international obligations. States are better placed to understand local ecosystems, land conditions, administrative needs and community concerns.

Cooperative federalism requires consultation, information sharing, joint planning and coordinated enforcement. Central laws should provide minimum environmental safeguards, while States should retain sufficient space to adopt stronger measures where local conditions require greater protection.

Conclusion

The legislative power over environmental matters in India is distributed across the Union, State and Concurrent Lists. Parliament exercises authority through Union List entries, residuary power, special constitutional provisions and Article 253. States regulate public health, water, land, agriculture and local resources. 

Forests and wildlife are shared subjects. This arrangement makes environmental protection a joint constitutional responsibility requiring balanced legislation, effective coordination and cooperative federalism.