Environmental governance in India operates within a federal structure, where both the Centre and the States share responsibilities. The Constitution of India places environment-related subjects across the Union List, State List, and Concurrent List, creating an overlapping jurisdiction. While this distribution allows for cooperative governance, it often leads to tensions between the Centre and the States. Environmental federalism explores this complex relationship, analyzing how laws are framed, implemented, and contested in a multi-level governance framework.
Constitutional Basis of Environmental Federalism
- Union List Powers
- Entries related to international treaties, inter-state rivers, and industries of national importance give the Centre strong authority.
- Article 253 empowers the Centre to legislate for implementing international agreements like the Paris Agreement.
- State List Powers
- States have authority over subjects like land, agriculture, water (except inter-state rivers), and local forests.
- State governments play a crucial role in day-to-day environmental administration.
- Concurrent List Powers
- Subjects like forests, wildlife, and population control fall here. Both Centre and States can legislate, but central law prevails in case of conflict.
- Fundamental Duties and Directive Principles
- Article 48A directs the State to protect the environment.
- Article 51A(g) imposes a duty on citizens to protect and improve the environment.
Centre’s Role in Environmental Governance
- National Policy-Making: The Centre frames broad policies like the National Action Plan on Climate Change (NAPCC).
- Enforcement of International Agreements: The Centre takes the lead in translating treaties into domestic laws.
- Regulatory Oversight: Through laws like the Environment Protection Act (1986), the Centre issues notifications, EIA guidelines, and controls industries.
- Dispute Resolution: Institutions like the National Green Tribunal and Inter-State River Water Disputes Tribunal are influenced by central legislation.
States’ Role in Environmental Governance
- Implementation of Central Laws: State Pollution Control Boards enforce standards under central laws.
- State-Level Legislation: States pass laws suited to their ecological conditions (e.g., groundwater laws in Tamil Nadu and Gujarat).
- Decentralized Governance: Panchayats and municipalities often act under state laws for local environmental management.
- Regional Policy Innovations: States like Sikkim (organic farming) and Kerala (waste management models) show unique approaches.
Centre–State Conflicts in Environmental Governance
- Jurisdictional Overlaps
- Example: Mining regulation involves both central laws (MMDR Act) and state-level permissions, often creating confusion.
- Resource Allocation
- States demand greater control over natural resources, while the Centre argues for uniform policies.
- Environmental Clearances
- Disputes arise when states push for speedy clearances for industries while the Centre insists on stricter environmental impact assessments.
- Fiscal Federalism
- States seek more financial support for conservation efforts, especially for forest-rich states that face opportunity costs in development.
- Political Dimensions
- Environmental decisions often become political tools, with opposition-ruled states resisting central interventions.
Overview Table
| Aspect | Centre’s Role | States’ Role | Conflict/Issue |
|---|---|---|---|
| Law-making | Frames national laws, implements treaties | Passes regional laws | Overlapping jurisdiction |
| Implementation | National agencies, CPCB, guidelines | SPCBs, local administration | Weak state capacity |
| Natural Resources | Regulates mines, forests, inter-state rivers | Manages agriculture, land, intra-state water | Disputes over ownership & control |
| Environmental Clearances | Final authority for major projects | Provides local approvals and permissions | Delays, differing priorities |
| Finance | Grants and centrally sponsored schemes | Seeks compensation for opportunity costs | Centre’s fiscal dominance |
| Political Dynamics | Uniform environmental agenda | Region-specific policies | Political opposition, federal tensions |
Case Studies
- Vedanta Mining Case (Odisha): Conflict between state’s push for development and Centre’s environmental safeguards.
- Inter-State River Disputes: Cauvery and Krishna river disputes show how water-sharing laws trigger Centre–State tensions.
- CAMPA Funds: States often complain that the Centre retains control over compensatory afforestation funds, limiting their autonomy.
- EIA Notification 2020: Many states opposed the Centre’s draft, citing central overreach in local matters.
Strengthening Environmental Federalism
- Cooperative Federalism Approach: Both levels should align on national priorities while allowing states flexibility in implementation.
- Decentralization: Greater powers to local bodies can reduce Centre–State friction.
- Fiscal Reforms: States should be adequately compensated for conservation activities through green budgeting and fiscal transfers.
- Dialogue Mechanisms: Institutional platforms like Inter-State Councils can resolve disputes.
- Capacity Building: Strengthening state institutions, SPCBs, and local agencies is essential for effective enforcement.
Conclusion
Environmental federalism in India is marked by a delicate balance between the Centre’s authority and the States’ autonomy. While central leadership is crucial for uniformity and compliance with international commitments, states are better positioned to address local ecological needs. Conflicts will persist, but cooperative governance, fiscal support, and stronger institutional mechanisms can make environmental federalism a tool for both ecological protection and sustainable development.
FAQs
Q1. What is environmental federalism in India?
It refers to the division of powers and responsibilities between the Centre and States in managing environmental governance.
Q2. Why do Centre–State conflicts arise in environmental laws?
Conflicts often stem from overlapping jurisdictions, fiscal control, and differing development priorities.
Q3. How can environmental federalism be strengthened?
By promoting cooperative federalism, fiscal reforms, decentralization, and institutional dialogue mechanisms.