munotes®

LL.B. (Three Years) Environmental Law Syllabus - SPPU 2026

Environmental Law Syllabus.pdf
Semester 6 · Third Year · 4 credits

Loading syllabus...

Syllabus for Environmental Law

Semester 6 · Third Year · 4 credits

Course aims

  • Aim of the course is to create awareness among the students about the legislative measures taken for protection of environment and the spirit of Indian Constitution for protection of environment. This course identifies development of environmental law at international level which has been acting as a binding force for accelerating policy making for the environmental protection in India. This course imbibes that we do not inherit the earth from our ancestors, we borrow it from our children. It provides opportunities to the students to understand the active role played by Indian Judiciary in protection of environment and evolution of different principles such as polluter pay principle, precautionary principle, inter- generational equity and sustainable development. It is crucial to identify and fix the liability in the matters of environmental pollution and judiciary has advanced solutions considering Indian society. Simultaneously this course highlights the significant role played by environmentalists through public interest litigation for taking proactive measures for the protection of environment and humanity. Course also emphasises importance and detailed study of delegated legislations which has contributed immensely in development of legal regime for protection of environment in India. This course also necessarily demands interdisciplinary approach as environmental law touches to various socio-economic aspects of the society.

Objectives

  • The course targets to foster a critical thinking pertaining to the need of environmental laws and issues in its implementation. International perspective of environmental law is significant aspect in its development and it has been a major contributing factor to align domestic environmental law with international environment protection strategies. This course underlines role judicial activism as well as role of public interest litigations initiated by environmentalists and NGOs which has successfully brought major policy changes and change in the perspective of society as a whole. Upcoming technological developments clubbed with challenges for protection of environment is a crucial aspect for policy makers. In the light of it, new regulations and amendments introduced in present legal regime has to be identified and absorbed by the learner. This course has potential to open rewarding career options for budding advocates, researchers, policy makers etc.

Outcomes

  • ● To get aware about present national and international environmental laws and sustainable development goals.
  • ● To develop a perspective to understand environmental law with an interdisciplinary approach.
  • ● To get acquainted and to appreciate role of judiciary in development of environmental law.
  • ● To develop a skill to critically analyse efficacy of present legal regime and issues and solutions in its implementation.

Module 01: Introduction

  • 1. Historical origin of Environment Law, International and Indian Jurisprudence
  • 2. Components of Environment, Ecology, Ecosphere and Biosphere
  • 3. Concept of Climate Change: Causes and Impact, Global Vulnerability Assessments to Climate Change
  • 4. Meaning and definition of Environment, Environmental Pollution, its kinds (Natural and artificial: Air, Water, Noise, Soil, Nuclear, marine) causes and effects.
  • 5. Nature of Environmental Law - Public law or private law
  • 6. Common law aspects of environmental law - Nuisance, Trespass, Negligence, Absolute and Strict liability.
  • 7. Criminal Liability and Environment Protection - Offences affecting public health and safety under Bharatiya Nyaya Sanhita and Section 152 of Bharatiya Nagarik Suraksha Sanhita

Module 02: Environment Protection under the Constitution of India

  • 1. Fundamental Rights, Directive Principles of State Policies, Fundamental Duties, Implementation of International obligations
  • 2. Distribution of Legislative Powers
  • 3. Remedies - Writ Jurisdiction of High Court and Supreme Court
  • 4. Judicial Activism and Public Interest Litigation for Environment Protection - Role of Indian Judiciary and environmentalist

Module 03: Principles of International Environmental Law - Relevance in India

  • 1. Responsibility of States in Protection of Environment - Transboundary pollution and state’s responsibility - Trail Smelter Arbitration, UN Convention on Long Range Transboundary Air Pollution
  • 2. Stockholm Conference, 1972, UNEP, Brundtland Commission Report, Rio Summit or Earth Summit-I, 1992 - Impact on India
  • 3. Vienna Convention and Montreal Protocol for the Protection of Ozone Layer
  • 4. United Nations Framework Convention on Climate Change (UNFCCC), Convention on Biological Diversity, Convention on Combating Desertification, Earth Summit - II, 1997, Kyoto Protocol - Impact on India
  • 5. World Summit on Sustainable Development, 2002, Bali Action Okan and the Copenhagen Accords, Paris Agreement on Climate Change 2015 - Position in India
  • 6. Millenium Development Goals and Sustainable Development Goals: Impact on Environmental Law
  • 7. Principles of Sustainable Development, Inter-generational Equity, Precautionary Principle, Polluter Pays Principle, and the Public Trust Doctrine - Position in India

Module 04: Pollution Control Laws & Resource Conservation and Animal Welfare Laws (These statutes to be studies to understand authorities established, their power and functions, established procedures, penalties for contravention of the provisions and judicial pronouncement under statutes)

  • Part 1
  • 1. The Water Act, 1974,
  • 2. Air Act, 1981,
  • 3. Environment (Protection) Act 1986
  • Part 2
  • 1. The National Forest Policies of 1952 and 1988
  • 2. The Forest Act,1927
  • 3. The Forest (Conservation) Act, 1980
  • 4. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
  • 5. Wildlife Protection Act, 1972
  • 6. National Green Tribunal Act, 2010

Module 05: Biodiversity, Climate Change and Laws

  • 1. The Biological Diversity Act, 2002 - Important Definitions, Regulation of access to biological diversity, national biodiversity authority, state biodiversity board, biodiversity management committees, equitable benefit sharing, judicial decisions
  • 2. National Action Plan on Climate Change Maharashtra
  • 3. State Action Plan on Climate Change

Module 06: Technology, Environment and Law

  • 1. Genetically Modified Crops, Farmers and breeders’ rights
  • 2. Role of technology in Sustainable Development: Issues, Challenges, and Policy initiatives

Module 07: Waste Management and Law

  • 1. Hazardous Wastes (Management and Handling) Rules
  • 2. Manufacture, Storage and Import of Hazardous Chemical Rules
  • 3. Municipal Solid Wastes (Management and Handling) Rules
  • 4. E-waste Management Rules

Module 08: Environment and Development

  • 1. Environmental issues involved in the development projects like Silent Valley Project, Narmada Valley Project and Kundankulam Nuclear Power Plant
  • 2. Emerging Legal Control like Environmental Audit, Eco Mark Scheme, Environmental Impact Assessment, Eco-tourism
  • 3. Development induced Displacement and Rehabilitation- Human Rights Perspective

Additional Readings

  • 1. Ritwick Dutta and Sanjeet Purohit, Commentary on the National Green Tribunal Act, 2010, Universal Law Publications.
  • 2. S. Shantakumar, Introduction to Environmental Law, Wadhwa & Company, Nagpur.
  • 3. H. N. Tiwari, Environmental Law, Allahabad Law Agency.
  • 4. Shyam Divan and Armin Rosencranz, Environmental Law and Policy in India, Oxford University Press, New Delhi.
  • 5. P Leelakrishnan, Environmental Law in India, LexisNexis, New Delhi.
  • 6. Dr. P. S. Jaswal, Environmental Law, Allahabad Law Agency, Edition:2021 Reprint:2023
  • 7. Maheshwara Swamy, Textbook on Environmental Law, Asia Law House, Hyderabad, 2022
  • 8. M P Jain, Indian Constitutional Law, LexisNexis, 8th Edition, 2018
  • 9. Philippe Sands, Principles of International Environmental Law, Cambridge University Press, New York
  • 10. Majumdar, Nnandy, Mukherjee, Environment and Wildlife Laws in India, LexisNexis
  • 11. P. Ishwara Bhat, Natural Resources Law: Concepts and Approaches, Eastern Book Company, 2016
  • 12. Mrinalini Kochupillai, Promoting Sustainable Innovations in Plant Varieties, Springer Berlin Heidelberg (E-book)
  • 13. India’s Energy Storage Mission
  • 14. National Solar Mission
  • 15. The National Green Hydrogen Mission
  • 16. Other initiatives taken by Ministry of New and Renewable Energy
  • 17. S.C. Shastri, Environmental Law, Eastern Book Company, Lucknow, 2005.
  • 18. Dr. P.S. Jaswal, Environmental Law, Allahabad Law Agency, Edition:2021 Reprint:2023
  • 19. Maheshwara Swamy, Textbook on Environmental Law, Asia Law House, Hyderabad, 2022
  • 20. Shyam Divan and Armin Rosencranz, Environmental Law and Policy in India, Oxford University Press, New Delhi.
  • 21. P B Sahasranaman, Handbook of Environmental Law, Oxford University Press.

Any other information

  • 1. The topics, cases and suggested readings given above are not exhaustive.
  • 2. Teachers of the Course shall be at liberty to add the case/suggested readings.
  • 3. Students are required to study/refer to the legislations as amended from time to time, and consult the latest editions of books on this course.

Reproduced from the Savitribai Phule Pune University Revised CBCS Rule and Syllabus for LL.B., the 2023 pattern as amended on 18 July 2024. Wording is as printed in that syllabus. Module numbering is as printed there too.

The complete syllabus

Every subject above is cut from the revised syllabus. Open the document here if you want the whole thing rather than a single subject.

PDF Complete LL.B. syllabus Revised syllabus (CBCS 2023 pattern), as amended on 18 July 2024 Read full PDF Read
Issue
Done!