Top Environmental Cases & Laws That Changed India

70/75 most polluted cities are from India & that makes India the most polluted country as per AQI’s live global ranking🤯. That’s not just a statistic; you and I can feel it every single day. The source problems are vehicle pollution, industry emissions, construction dust, and stubble burning.  

But if you look closer, India has some of the strongest environmental laws in the world, but some of the weakest enforcement. And here’s the part most people miss: as the crisis grew, the judiciary quietly became the strongest environmental watchdog in the country.

This shift didn’t begin yesterday. It began decades ago with cases like T.N. Godavarman and M.C. Mehta’s PILs, where the Supreme Court stepped in because the executive wouldn’t. Through continuing mandamus, powerful readings of Article 21, and doctrines like Polluter Pays and Precautionary Principle, the Court built a completely new way of looking at environmental rights.

If we want to understand what’s happening today, we need to trace its origins.

Why India Needed a Strong Environmental Law Framework

When India became independent in 1947, the country’s priority was survival, rebuilding the economy, expanding industries, and achieving food security. Environmental protection simply wasn’t on the radar. 

But by the late 1960s, environmental deterioration became visible (The First Alarms):

• The Sukinda mines in Odisha and the Damodar River basin in Jharkhand were severely contaminated by industrial waste.

• Rapid urbanisation in Delhi, Kanpur, and Mumbai led to smog, unregulated waste, and outbreaks of waterborne diseases.

• The 1965 and 1971 droughts exposed the fragility of India’s ecosystems and the mismanagement of land and water resources.

Now, India needs an environmental framework URGENTLY. 

1972: The Stockholm Turning Point

At the UN’s Stockholm Conference, PM Indira Gandhi made a historic statement: “Poverty and need are the greatest polluters.” This moment pushed India to recognise that environmental protection and development must go together.

After Stockholm, India took major steps:

• Set up the National Committee on Environmental Planning and Coordination (1972), India’s 1st apex body for environmental policy.

• Passed the Wildlife Protection Act (1972), the 1st major environmental statute

• Participation in the UN Environment Programme (UNEP) 

1974–1986: Building India’s Environmental Architecture

• Water Act (1974): Created Pollution Control Boards

• Department of Environment (1980): First central body for environmental policy

• Forest Conservation Act (1980): Stopped reckless diversion of forest land

• Ministry of Environment & Forests (1985): Gave environmental governance full cabinet status

For the first time, India had a structured environmental administration. 💯

Key Constitutional Provisions related to Environmental Protection

Top Environmental Laws in India

India’s environmental legal framework evolved through decades of institutional reform, judicial activism, and international influence. These landmark laws and major environmental rules form the backbone of the country’s ecological governance — shaping how India balances development with sustainability.

1. Environment (Protection) Act, 1986 (EPA)

Historical Context: Passed in the aftermath of the Bhopal Gas Tragedy (1984), this is India’s umbrella environmental legislation designed to consolidate and strengthen environmental protection measures.

Purpose: To empower the Central Government to take all necessary steps to protect and improve the environment and prevent hazards to humans, flora, and fauna.

Key Features:

• Defines critical terms like “environment,” “environmental pollution,” and “hazardous substances.”

• Central Government vested with wide powers to:

  • Set standards for the quality of air, water, and soil; Restrict industrial operations and locations; Lay down environmental procedures and safeguards; Regulate the handling, storage, and management of hazardous substances.

• Forms the legal foundation for all major rules and notifications, including:

  • EIA Notification, 2006; Solid Waste Management Rules, 2016; Plastic Waste Management Rules, 2016; Hazardous and Other Wastes Rules, 2016; Bio-medical Waste Management Rules, 2016

2. Water (Prevention and Control of Pollution) Act, 1974

Historical Context: The first major environmental statute in India; enacted in collaboration with state governments to tackle rampant water pollution in rivers and lakes.

Purpose: To prevent and control water pollution, and to maintain or restore the wholesomeness of water.

Key Features:

• Establishes the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) for implementation

• Mandatory consent mechanism for industries discharging sewage or effluents.

• Empowers boards to inspect facilities, collect samples, and prosecute violators.

• Provides for penalties and closure orders for polluting units.

• Lays the foundation for integrated pollution management in India.

3. Air (Prevention and Control of Pollution) Act, 1981

Historical Context: Introduced after India’s participation in the 1972 Stockholm Conference to address the rising problem of industrial and vehicular air pollution.

Purpose: To provide for the prevention, control, and abatement of air pollution and establish boards to oversee enforcement.

Key Features:

• Expanded the jurisdiction and responsibilities of the Central Pollution Control Board (CPCB) and the State Pollution Control Boards (SPCBs) that had been constituted under the Water Act.

• Declares Air Pollution Control Areas and prohibits industries from operating there without consent.

• Requires “Consent to Establish” (CTE) and “Consent to Operate” (CTO) from SPCBs.

• Prohibits the use of fuels and appliances that emit excessive pollutants.

• The 1987 amendment enhanced penalties and introduced stricter enforcement powers.

4. Wildlife Protection Act, 1972

Historical Context: Passed post-Stockholm Conference to counter rampant poaching and biodiversity loss.

Purpose: To protect wild animals, birds, and plants and ensure ecological and biological security through protected areas and strict regulation of trade.

Key Features:

• Establishes Wildlife Sanctuaries, National Parks, Conservation Reserves, and Community Reserves.

• Divides species into Schedules I–VI; Schedule I species receive the highest protection.

• Prohibits hunting, poaching, trading, and possession of wildlife or their parts.

• Regulates zoos through the Central Zoo Authority.

• 2006 Amendment: Established the National Tiger Conservation Authority (NTCA) and gave legal backing to Project Tiger.

• 2022 Amendment: Enhanced penalties, introduced stricter provisions for wildlife trade, and included regulation of invasive species.

5. Forest (Conservation) Act, 1980

Historical Context: Responded to extensive deforestation during the 1960s–70s, protecting forests from diversion for non-forest purposes.

Purpose: To regulate the use of forest land and preserve ecological balance.

Key Features:

• Prior approval of the Central Government mandatory for:

  • Mining operations, industrial activities, and infrastructure projects & diversion of forest land for non-forest purposes.

• Establishes the Forest Advisory Committee (FAC) for project scrutiny.

• Introduced the Compensatory Afforestation Fund (CAF) mechanism.

• Landmark Case: T.N. Godavarman v. Union of India (1996) — expanded the definition of “forest” and mandated continuous judicial monitoring.

6. Biological Diversity Act, 2002

Related International Treaty: Convention on Biological Diversity (1992), Nagoya Protocol (2010)
Historical Context: Enacted to fulfill India’s obligations under the UN Convention on Biological Diversity (CBD), signed at Rio de Janeiro in 1992.

Purpose: To conserve biodiversity, ensure sustainable use of its components, and promote equitable sharing of benefits arising from biological resources.

Key Features:

• Establishes a three-tier governance structure: National Biodiversity Authority (NBA) — central policy body; State Biodiversity Boards (SBBs) — state-level regulation; Biodiversity Management Committees (BMCs) — grassroots-level documentation and conservation.

• Creation of People’s Biodiversity Registers (PBRs) to record local biological resources and knowledge.

• Regulates access of foreign entities to Indian biological materials to prevent biopiracy.

• Promotes fair benefit-sharing with local communities.

7. National Green Tribunal Act, 2010

Historical Context: Passed to ensure speedy and effective resolution of environmental disputes and reduce the burden on higher courts.

Purpose: To establish a specialized judicial body for the expeditious disposal of environmental cases and compensation claims.

Jurisdiction: Matters arising under: Environment (Protection) Act, 1986, Air Act, 1981, Water Act, 1974, Forest (Conservation) Act, 1980, Biological Diversity Act, 2002, Public Liability Insurance Act, 1991

Key Features:

• Comprises Judicial and Expert Members.

• Adjudicates cases using principles of Sustainable Development, Polluter Pays, and Precautionary Principle.

• Can award compensation, enforce compliance, and issue directions binding on authorities.

• Has made landmark rulings on air quality, forest diversion, and solid waste management.

8. Public Liability Insurance Act, 1991

Historical Context: Post-Bhopal reforms for industrial safety.

Purpose: To provide immediate relief to persons affected by accidents involving hazardous substances, without needing to prove fault.

Key Features:

• Mandates that owners handling hazardous materials must obtain insurance coverage.

• Enforces the no-fault liability principle — victims receive compensation even without proving negligence.

• Creates the Environment Relief Fund (ERF) for payment of compensation and cleanup operations.

9. Hazardous Wastes and Other Major Environmental Rules (Under the EPA, 1986)

Purpose: To regulate the handling, treatment, and disposal of various waste types and ensure environmentally safe waste management practices.

Key Rules:

1. EIA Notification, 2006: Mandates Environmental Impact Assessments for large projects, requires public consultation and environmental clearance before project approval.

2. Solid Waste Management Rules, 2016: Defines responsibilities for waste segregation, collection, and processing, Mandates waste-to-energy and composting measures for urban local bodies.

3. Plastic Waste Management Rules, 2016 (Amended 2022): Introduces Extended Producer Responsibility (EPR) for plastic producers, Regulates manufacture, sale, and use of single-use plastics.

4. Bio-medical Waste Management Rules, 2016: Sets segregation, collection, and disposal protocols for hospitals and clinics.

5. Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016: Regulates import/export and disposal of hazardous materials, Ensures alignment with the Basel Convention (1989).

10. Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act), 2006

Historical Context: Recognized the historical injustice faced by forest-dwelling communities.

Purpose: To secure land and resource rights of tribal and traditional forest-dwelling communities.

Key Features:

• Recognizes individual and community forest rights.

• Allows community management of forest produce.

• Empowers Gram Sabhas as the primary authority for forest resource governance.

• Strengthens the participatory conservation model by involving local communities in forest management.

Landmark Case Laws on Environmental Law

The landmark judgements which helped in shaping better environmental policies considering the current AQI problem could be seen starting from:

1. T.N. Godavarman Thirumulpad v. Union of India, 1996 case. This landmark judgment was primarily regarding halting illegal timber operations, but it transformed the entire landscape of forest governance in India. The Supreme Court held that the term “forest” must be understood in its dictionary meaning, not merely what the government records classify as forest land. This interpretation brought vast areas of unnotified forest under the protection of the Forest (Conservation) Act, 1980, and the Court imposed a nationwide freeze on the diversion, de-reservation, or non-forest use of such land without the explicit approval of the Central Government

2. In the case of M.C. Mehta v. Union of India (Delhi CNG Case), 1998. Delhi’s public transport system was dominated by diesel-powered vehicles, resulting in hazardous emissions. The Court ordered all buses, autos, and taxis in Delhi to switch to CNG, applying Article 21 and the Precautionary Principle. The Significance of this was that it ultimately set a global precedent for clean-fuel adoption, showcasing the judicial use of continuing mandamus to enforce environmental norms.

3. The M.C. Mehta v. Union of India (Taj Trapezium Case), 1996 case. The facts of the case were that Industrial sulphur dioxide emissions were damaging the Taj Mahal. There were questions about the balance between industrial development and cultural/environmental preservation. The Court ordered 292 industries to shift to natural gas or relocate beyond the Taj Trapezium Zone (TTZ). The court applied the principles of Sustainable Development, the Precautionary Principle, the Polluter Pays Principle, and mandated worker protection during industry relocation.

4. The Oleum Gas Leak Case (M.C. Mehta v. Union of India), 1986, where the facts of the case were that there was a leakage of oleum gas from Shriram Industries, which caused widespread harm. The Court evolved Absolute Liability, eliminating defences available under strict liability. The court again here created a uniquely Indian tort doctrine, which has empowered victims to claim compensation under Article 32.
   
   Want to understand how the Oleum gas tragedy reshaped India’s liability laws? Dive into the full case details in MC Mehta v. Union of India for a complete breakdown of the Court’s reasoning and its long-term impact.

5. Arjun Gopal v. Union of India, 2017–2018 (Firecracker Regulation Case), in which a PIL was filed by infants highlighting post-Diwali pollution spikes. The Court banned toxic firecrackers and allowed only low-emission “green crackers”; imposed strict bursting hours. This once again reaffirmed the primacy of Article 21 over cultural practices, which are heavily grounded in the Precautionary Principle.

6. NGT v. NHAI (Construction Dust Case), 2023: The NGT imposed a ₹2 crore penalty, applying the 'Polluter Pays' principle, because the NHAI project caused severe dust pollution due to non-compliance with dust-mitigation norms. And the NGT Suo Motu on GRAP Enforcement, 2023, where NGT sought ATRs from the Union and Delhi authorities and emphasised strict enforcement. Highlighting the tribunal’s role as an environmental watchdog. 

7. Vikrant Tongad v. Union of India, the NGT passed multiple orders directing the strict control of construction dust, covering of debris and trucks, and the installation of anti-smog guns at large sites, thereby forming the legal foundation for modern GRAP construction restrictions.

8. Ganga Lalwani v. Union of India (NGT, 2021): The NGT held that high AQI levels constitute a public health emergency and that state agencies are legally bound to implement pollution-control laws even without Supreme Court intervention.

9. MK Ranjitsinh v. Union of India (2024): In this recent landmark case, the Supreme Court of India recognised the right to be free from the adverse effects of climate change as a fundamental right under the Indian Constitution (Articles 14 and 21).

Want to know how one individual shaped India’s entire environmental jurisprudence? Read the inspiring journey of M.C. Mehta and his landmark interventions.

Final Thoughts

India has never had a shortage of laws. What it lacked was consistent enforcement, long-term planning, and accountability. Over the years, the courts stepped in and built one of the strongest environmental jurisprudences in the world, using Article 21, foundational doctrines, and landmark cases to push the country toward cleaner air and safer ecosystems.

The Delhi AQI crisis reminded us of something we tend to forget: Environmental law isn’t just about statutes and judgments. It’s about our daily survival.