Unit 1 of Environmental Laws (syllabus: Module I — environment and its components; global warming, climate change and kinds of pollution; environmental law, meaning and purpose; constitutional provisions, public interest litigation and judicial activism; tort, penal and criminal-procedure remedies). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What does 'environment' mean as a legal term, and why does the definition decide so much?
- How did an unenforceable duty in Part IV become an enforceable right?
- On what constitutional footing can Parliament enact a national environmental code?
- When is an enterprise absolutely liable, and how are the damages measured?
- When may the Supreme Court award compensation in a writ petition under Article 32?
- How can a citizen stop a polluting nuisance quickly, without waiting for a trial?
- Do the pollution statutes displace the general law of nuisance and the magistrate's power?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Environment (Protection) Act 1986, s. 2(a) to 2(f)
- Constitution of India, s. 21, 32, 48A and 51A(g)
- Constitution of India, s. 252 and 253
- Constitution of India, s. 32
- Constitution of India, s. 32(1) and 32(2)
- Bharatiya Nagarik Suraksha Sanhita 2023, s. 152, with service under section 153
- Code of Criminal Procedure 1973, s. 133, now Bharatiya Nagarik Suraksha Sanhita 2023, section 152
Leading cases
- Subhash Kumar v State of Bihar
- M.C. Mehta v Union of India
- M.C. Mehta v Union of India (Oleum Gas Leak case)
- Municipal Council
- State of M.P. v Kedia Leather & Liquor Ltd.
Full case summaries
- Subhash Kumar v State of Bihar (1991)
- Municipal Council, Ratlam v Vardichand (1980)
- State of M.P. v Kedia Leather & Liquor Ltd. (2003)