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Environmental Guardianship: India's Legal Framework For Pollution Control




Harsh Vardhan Singh, Amity University Lucknow Campus

Khushi Singh, Amity University Lucknow Campus


ABSTRACT


Environmental issues have been posing a concern for all living creatures and nature worldwide. This paper highlights the various environmental issues such as global warming, greenhouse effect, soil degradation, deforestation, etc, that have directly affected the quality of the environment. There has been various legislation to protect the environment in India, but the enforcement of this legislation has been a challenging factor.


In the Constitution of India, there are various articles, such as Article 48-A, 51-A(h), and Article 51-A(g) (1), which outline the fundamental duty of each citizen to protect the environment. Other than Constitutional provisions, there are other bodies such as National Green Tribunal (NGT)1, Pollution Control Board at central and state level have the duty to look out to ensure pollution control. The role of the Judiciary also plays a pivotal role in controlling pollution, as many cases have been filed under Public Interest Litigation in the Supreme Court, against industries or Pollution Control Boards, to enjoin them to ensure pollution control in India by taking proper measures.


The need for Pollution Control is crucial to mitigate the situation, which has worsened in many areas of the country, and also to support national development. There is need to take proper measures of human activity which are contributing to Environment issues.


Keywords: Environmental issues, Constitutional Provisions, National Green Tribunal, Pollution Control Board, Public interest litigation



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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