| Abstract: |
The paper analyses the assignment systems and implementation aspects of
environmental regulation in regard to water, air, and forests. The assignment
of environmental functions and its overlapping is analysed in terms of not
only the different levels of government, but also between the executive and
judiciary. Specifically, the paper examines judicial intervention in
environmental protection in India and argues that judicial activism although
can be construed as a part of "checks and balances" in a federal system, it
cannot be a substitute to the failure of executive in undertaking the task of
environmental protection. The paper also analyses the implementation aspects
of environmental policy, particularly the effectiveness of policies and
institutions relating to environmental governance. Despite a reasonably clear
assignment system, the implementation of environmental functions has not been
satisfactory. In most cases, an important factor impeding effective
implementation is seen in the structure of incentives to bureaucracy and
policy makers and influence of polluters on them. Besides, the environmental
regulators do not have access to modern technology and inadequate resources to
measure and regulate pollution levels. The paper highlights overlapping roles
of executive and judiciary in implementing environmental regulation. In other
words, failure of the executive to regulate and monitor pollution levels as
well as forest cover has led to the Supreme Court intervention. Interpreting
that access to clean water and air as a fundamental right, the courts have
pronounced several judgements on the implementation of environmental
regulation virtually taking over the role of executive. This has helped to
resolve the issues in the short term and in some cases has led to the
improvement in environmental quality. However, the solution is ad hoc as the
courts cannot undertake the task of implementation nor do they have the
technical knowledge to deal with complex problems of environmental regulation.
Besides, technology is not static and mandating a technical solution through a
judgement such as the use of a particular technology or particular fuel for
running of commercial vehicles can create serious problems in the long term.
The solution lies in reforming the incentive structure and institutions of
governance to make the executive much more sensitive and accountable to
environmental issues. |