Environmental Federalism in India: Constitutional Mandates & Institutional Mechanisms

Environmental federalism refers to the division of powers and responsibilities for environmental governance between different levels of government in a federal system. In India, environmental federalism is uniquely shaped by the Constitutional framework, which establishes a quasi-federal structure with a strong Center, yet allocates certain environmental responsibilities across both Union and State governments. The Constitution of India, though initially silent on environmental issues, has evolved through amendments and judicial interpretations to accommodate environmental protection as a key governance priority. The 42nd Amendment Act, 1976 was a watershed moment, which brought environment-related subjects into the Concurrent List (List III), enabling both the Center and States to legislate on environmental matters. Additionally, Article 48A (Directive Principles of State Policy) and Article 51A(g) (Fundamental Duties) mandate the protection and improvement of the environment. This paper critically examines the constitutional and institutional dynamics of environmental federalism in India, highlighting its strengths, gaps, and the need for a more cooperative federal approach to tackle contemporary environmental challenges such as climate change, pollution, and biodiversity loss.