AIBE 19 Environmental Law 2024: Syllabus, Topics, Important Case, Books

AIBE 19 Environmental Law 2024: The Bar Council of India has published the AIBE 19 syllabus PDF on its official website. There are a total of 19 subjects included in the AIBE 19 exam syllabus. This year, BCI has added three new subjects in the AIBE syllabus this year - Bhartiya Nyay Sanhita, Bhartiya Nagarik Suraksha Sanhita, and Bhartiya Sakshya Adhiniyam. Environmental Law is a part of the AIBE syllabus 2024. A total of two questions asked from Environmental Law out of 100 in the All India Bar Examination. Environmental Law comprises laws, regulations, agreements and common law that governs how humans interact with their environment. In this article we will dive deep in the Environmental Law syllabus of AIBE 19, topics, sub-topics, important cases, recommended books and more.

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AIBE 19 Environmental Law Syllabus 2024

The detailed syllabus of Environmental Law subject of AIBE 19 has been given below:

Unit 1: International Environmental Law

Development of international environmental law; nature and scope of key international environmental law principles and rights (substantive and procedural) U.N. Conference on Human Environment, 1972 – Stockholm Principles, Establishment of Environmental Institutions like UNEP; World Charter for Nature, 1982; Ozone Protection – Montreal Protocol for the Protection of Ozone Layer, 1987 as amended; Rotterdam Convention on Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (1998); Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, 1989; Basel Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and their Disposal, 1999; Stockholm Convention on Persistent Organic Pollutants, 2001;

U.N. Conference on Environment and Development, 1992 - Rio Principles; Convention on Biological Diversity,1992; Cartagena Protocol on Biosafety, 2000; U.N. Convention on Climate Change 1992, Kyoto Protocol, 1997; Forest Principles; Agenda 21; Human Right to Healthy Environment; Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, 1998 (Aarhus Convention); Johannesburg Conference, 2002; Rio+20-United Nations Conference on Sustainable Development; Paris Agreement, 2015; Sustainable Development Goals.

Important Cases

1. Trail Smelter Arbitration (US/Canada), 3 U.N. Rep. Int’l Arb. Awards 1905 (1941)

2. Case Concerning the Gabcíkovo-Nagymaros Project (Hungary/Slovakia), International Court of Justice, 25 September 1997 (separate opinion of Justice Weeramantry)

3. Case Concerning Pulp Mills on River Uruguay (Argentina/Uruguay), ICJ, 2010

4. Case Concerning Certain Activities Carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) Compensation owed by the Republic of Nicaragua to the Republic of Costa Rica, ICJ, 2 February 2018.

Unit 2: Fundamental Principles of Environmental Protection

Development v. Environment; Sustainable Development–Inter-generational and Intra- generational Equity; Precautionary Principle; Polluter Pays Principle; Public Trust Doctrine; Community rights

Important Cases

1. Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446

2. Indian Council for Enviro-Legal Action v. Union of India, (2011) 12 SCC 768

3. Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715

4. Narmada Bachao Andolan v. Union of India, AIR 2000 SC 3751

5. Intellectuals Forum, Tirupathi v. State of A.P., AIR 2006 SC 1350

6. Jitendra Singh v. Ministry of Environment & Ors., Supreme Court, Civil Appeal No. 5109/2019, decided on 25 November 2019

7. Hanuman Laxman Aroskar v. Union of India, (2019) 15 SCC 401

Unit 3: Constitutional Perspective

Fundamental Rights - Article 14 (Right to equality, non-arbitrary and non-discriminatory treatment), Article 19(1)(g) (Freedom to carry on trade or business), Article 21 (Right to life, livelihood and wholesome environment) and Article 32 (Right to Constitutional remedies); Directive Principles of State Policy – Article 47, 48-A; Fundamental Duty – Article 51-A(g); Article 226 (Powers of High Courts); Public Interest Litigation - Nature – Non-Adversarial, Collaborative, Co-operative and Investigative; Locus Standi - Pro Bono Publico; Representative Standing; Citizens’ Standing

Important Cases

1. Subhash Kumar v. State of Bihar, AIR 1991 SC 420

2. Rural Litigation and Entitlement Kendra v. State of U.P., (1985) 2 SCC 431

3. M.C. Mehta v. Union of India, AIR 1997 SC 734

4. M.C. Mehta v. Kamal Nath, (1997) 1 SCC 388

5. M.C. Mehta v. Kamal Nath, AIR 2000 SC 1997

6. M.C. Mehta v. Kamal Nath, 2002 (2) SCALE 654

7. Sachidanand Pandey v. State of West Bengal, AIR 1987 SC 1109

Unit 4: Prevention and Control Of Water Pollution

The Water (Prevention and Control of Pollution) Act, 1974 – Water Pollution – Meaning; Central and State Pollution Control Boards –Constitution, Powers and Functions; Water Pollution Control Areas; Samples of Effluents – Procedure; Consent Requirement – Procedure, Grant/Refusal, Withdrawal, Review, Appeals, Revision; Restraint Order; Citizen Suit Provision; Offences and Penalties; The Water Cess (Prevention and Control of Pollution) Act, 1977

The Air (Prevention and Control of Pollution) Act, 1981- Air Pollution – Meaning, Causes and Effects; Central and State Pollution Control Boards - Functions; Air Pollution Control Area; Consent Requirement - Procedure, Grant/Refusal, Withdrawal; Restraint Orders; Citizen Suits; Noise Pollution (Regulation and Control) Rules, 2000; Offences/Penalties; Vehicular pollution

Important Cases

1. M.C. Mehta v. Union of India, AIR 1988 SC 1037

2. M.C. Mehta v. Union of India, AIR 1988 SC 1115

3. M/s Delhi Bottling Co. Pvt. Ltd. v. Central Board for the Prevention and Control of Water Pollution, AIR 1986 Del. 152

4. Municipal Council, Ratlam v. Vardichand, (1980) 4 SCC 162

5. State of M.P. v. Kedia Leather & Liquor Ltd., AIR 2003 SC 3236

6. Forum Prevention of Envn. & Sound Pollution v. Union of India, AIR 2005 SC 3136

7. Church of God (Full Gospel) in India v. KKR Majestic Welfare Colony Welfare Association, AIR 2000 SC 2773

8. Varun Seth v. Police Commissioner, Delhi Police, NGT, Principal Bench, 05 Oct 2017

Unit 5: Environmental Protection

The Environment (Protection) Act, 1986 – Aims and Objects; Meaning of “Environment” and “Environmental Pollutant”; Powers and Functions of the Central Government; Environment Authority - Constitution; Delegation of Powers; Offences/Penalties; Effectiveness of the Act; Environmental Impact Assessment, 2006; Environmental Audit; law relating to hazardous substance and activities —issues of liability; Need for effective climate change law and energy law.

Important Cases

1. S. Jagannath v. Union of India, AIR 1997 SC 811

2. MC Mehta v Union of India, 1987 AIR 1086 (Oleum Gas Leak case)

3. Union Carbide Corporation v Union of India, AIR 1992 SC 248

Unit 6: National Green Tribunal

Law Commission 186th Report on Proposal to Constitute Environment Courts (2003); The National Green Tribunal Act, 2010; Powers and functions of the National Green Tribunal; jurisdiction; locus standi, remedies.

Important Cases

1. Techi Tagi Tara v. Rajendra Singh Bhandari & Ors, Supreme Court, Civil Appeal No. 1359/017, Judgement of 22 September 2017

2. Save Mon Region Federation v. Union Of India, NGT, Principal Bench, 07 April, 2016 University of Delhi v. Ministry of Environment Forest and Climate Change & Ors.

3. NGT Principal Bench, Appeal No. 112/2018, MANU/GT/0014/2021 235

4. Municipal Corporation of Greater Mumbai v. Ankita Sinha, Supreme Court, 7 Oct. 2021 Pahwa Plastics Pvt Ltd. vs Dastak Ngo and others, Supreme Court, 25 March, 2022

Unit 7: Protection and Conservation of Forests, Bioldiversity and Wildlife

The Indian Forest Act, 1927; The Forest (Conservation) Act, 1980; Kinds of Forest Land - Private, Reserved, Village, Protected; Use of Forest Land for Non-Forest purposes; Rights of Tribals and Forest Dwellers—The Scheduled Tribes and Other Traditional Dwellers (Recognition of Forest Rights) Act, 2006; The Biological Diversity Act, 2002—access to biological resources and benefit sharing; Regulation of genetically modified organisms; The Manufacture, Use, Import, Export and Storage of Hazardous Micro-Organisms Genetically Engineered Organisms or Cells Rules, 1989. Protection of Wildlife - the Wildlife (Protection) Act, 1972; Sanctuaries and National Parks; Licensing of Zoos and Parks.

1. Orissa Mining Corporation v Ministry of Environment and Forest,(2013)6 SCC476

2. Sansar Chand v State of Rajasthan, 2010 (10) SCC 604

3. Centre For Environment Law, WWF-I v. Union of India & Others, Supreme Court, I.A. No. 100 in Writ Petition (Civil) No. 337 of 1995, decided on 15 April 2013

4. Divya Pharmacy v Union of India, High Court of Uttarakhand, WP 3437/2016, Decided on 21 December 2018.

5. TN Godavarman Thirumulpad v Union of India—Shomona Khanna, ‘Boundaries of Forest Land: The Godavarman case and Beyond’, in Sharachchandra Lele & Ajit Menon eds., Democratizing Forest Governance in India 225 (Oxford University Press, 2014).

Prescribed Legislations for AIBE 19 Environmental Law

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

2. The Public Liability Insurance Act, 1991

3. The Indian Forest Act, 1927

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

5. The Environment (Protection) Act, 1986

6. The Biological Diversity Act, 2002

7. The Forest (Conservation) Act, 1980

8. The Wildlife (Protection) Act, 1972

9. The National Green Tribunal Act, 2010

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

Policies and Reports related to AIBE 19 Environmental Law

1. The National Environment Policy, 2006

2. The National Forest Policy, 1988

3. The National Water Policy, 2012

4. The Wildlife Conservation Strategy, 2002

5. Report of the World Commission on Environment and Development, Our Common Future, 1987

Recommended Books for AIBE 19 Environmental Law

1. Philippe Sands and Jacqueline Peel, Principles of International Environmental Law (4th ed., 2018).

2. Gurdip Singh, Environmental Law in India (2nd ed 2016).

3. Ved P. Nanda and Rock Pring, International Environmental Law and Policy for the 21st Century, (2nd ed., 2012).

4. Manju Arora Relan, Forest and Wildlife Law & Rights of Indigenous People, (1999).

5. Shibani Ghosh (ed), Indian Environmental Law: Key Concepts and Principles (2019).

6. Geetanjoy Sahu, Environmental Jurisprudence and the Supreme Court: Litigation, Interpretation, Implementation (2014).

7. Shyam Diwan and Armin Rosencranz, Environmental Law and Policy in India– Cases, Materials and Statutes (2nd ed., 2001).

8. P. Leelakrishnan, Environmental Law in India (5th ed., 2019).

9. Usha Tandon et al (ed), Biodiversity: Law, Policy and Governance (2018).

10. Usha Tandon (ed), Energy Law and Policy (2018).

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