डॉ. बी. आर. अम्बेडकर विश्वविद्यालय दिल्ली 
| Course Type | Course Code | No. Of Credits |
|---|---|---|
| Foundation Core | SHE2ED105 | 4 |
COURSE DESCRIPTION
The course introduces students to the architecture of legislation, institutions, case law and policies governing India’s environment. Environmental law is a comparatively newer field of law in India and yet it has significantly shaped the country’s natural and developmental landscape. The first unit of the course will discuss the normative and conceptual underpinnings of environmental policy, including equality and justice. It will draw upon the Constitution of India as a living document and outline the ways in which the legislature, judiciary, civil society and citizens have relied on it while trying to conserve the biophysical environment. The second unit of the course will underline the multi-scalar nature of environmental governance and discuss the role of formal institutions and processes in managing forests, water resources, biodiversity and ecosystems. Existing and emerging forms of property and governance regimes will be examined with reference to their conceptual and statutory origins. The final unit of the course will focus on key legislations that regulate actions of state, market and non-market actors vis-à-vis the environment. The critical role of India’s judiciary and tribunals in shaping the field of environmental governance will be discussed, through public interest litigations (PILs) and landmark judgments.
LEARNING OBJECTIVES
- To understand the concepts of equality, rights and justice and their place within the Constitution of India
- To familiarise with the varied conceptions and dimensions of justice, including social and environmental justice
- To study the environmental laws in India, including their objectives, structure and methods of regulation, and their limitations
- To study connections between democracy, development and environmental protection in post-colonial India
- To understand the role of the judiciary and quasi-judicial institutions in environmental protection
- Learn legal research in the context of environmental governance and jurisprudence
LEARNING OUTCOMES
On the successful of completion of this course, students will be able to:
- Describe the basic structure and features of the Indian Constitution, including key features like separation of powers, independence of the judiciary and fundamental rights.
- Read and understand basic legal terminology and legal reasoning.
- Read, understand and interpret the structure of environmental laws as well as landmark judgments of appellate courts in cases pertaining to the environment.
- Explain concepts that are central to environmental governance, including property, participation, common property resources, decentralization and their place in the existing legal framework.
- Explain basic principles of environmental law and regulation, such as the precautionary principle, public trust doctrine, sustainable development and polluter pays principle.
- Critically analyse key legislation and mechanisms of environmental governance in India, such as the Forest Rights Act, Environmental Impact Assessment, Forest and Wildlife Clearances.
- Critically examine the role and functions of institutions like the pollution control boards, public authorities, National Green Tribunal in environmental protection
- Critically analyse a case involving multiple laws and judgments, through normative, constitutional and justice perspectives.
COURSE CONTENT
|
S. No. |
Module |
|
Unit I |
Justice |
|
|
Constitution and Constitutionalism |
|
|
Equality and Justice |
|
|
Environmental, Ecological and Climate Justice |
|
Unit II |
Governance |
|
|
Environmental Governance |
|
|
Common Property Resources and Environmental Commons |
|
|
Decentralization and Decision-making |
|
Unit III |
Laws and Jurisprudence |
|
|
Forest and Wildlife Legislations |
|
|
Environmental Protection Act and the Regulatory Regime |
|
|
Principles of Environmental Law |
|
|
Supreme Court and Environmental Jurisprudence – I |
|
|
Supreme Court and Environmental Jurisprudence – II |
|
|
National Green Tribunal |
ASSESSMENTS
|
Module |
Mode |
Weight |
|
1 to 3 |
Take Home Essay |
30% |
|
4 to 7 |
In-Class Test |
30% |
|
All Modules |
End-Semester Assessment |
40% |