Finally, the challenge concerning environmental pollution is often caused by
growing population and economic growth. India, which is one of largest emitters of
greenhouse gases, is no exception, e.g. data indicate that many cities (including
major cities like Mumbai, New Delhi and Kolkata) fail to meet the World Health
Organization (WHO) standards as to safe air quality.^56 Most of the urban waste
ends up in the country’s rivers, making the water unsuitable for drinking or even
bathing. Mining activities (including illegal ones) have resulted in environmental
pollution, deforestation and displacement of tribal people. India also faces serious
groundwater shortage in certain parts and the challenge of preserving biodiversity.
Although the country has a rich corpus of environmental laws,^57 their implemen-
tation and efficacy remain suspect.
Constitutional developments
Constitutional amendments
Since January 2000 , nineteen constitutional amendments have been made.
58
Only amendments which introduced far-reaching changes will be noted here. As
mentioned above, the Constitution reserves seats for SCs and STs in legislative
bodies at both federal and state levels.
59
This reservation was originally meant to
cease ten years after the commencement of the Constitution; that is, in 1960.
However, this reservation has been maintained continuously through periodic
amendments, the 79 th Amendment ( 2000 ) and 95 th Amendment ( 2010 ) being
the latest in this series.
(^60) The rationale behind the continuance of reservation
was explained by the 79 th Amendment as follows: ‘Although the Scheduled Castes
and the Scheduled Tribes have made considerable progress in the last fifty years,
the reasons which weighed with the Constituent Assembly in making provisions
with regard to the aforesaid reservation of seats and nomination of members, have
not ceased to exist.’^61 Looking at this explanation, at past trends and at the present
situation, it is unlikely that the reservation for SCs/STs will be discontinued in the
near future, if at all, especially because of the politics behind reservation.
The power to levy taxes and their distribution between the centre and the states is
always a ticklish issue in a federal country. The Constitution makes detailed
(^56) Planning Commission of India, ‘Eleventh five year plan: environment and climate change’,
p. 195 ,http://planningcommission.nic.in/plans/planrel/fiveyr/ 11 th/ 11 _v 1 / 11 v 1 _ch 9 .pdf.
(^57) See Shyam Divan and Armin Rosencranz,Environmental Law and Policy in India: Cases,
Materials, and Statutes(New Delhi: Oxford University Press, 2002 ).
(^58) From the Constitution ( 79 th Amendment) Act 2000 (which came into force on 25 January
2000 ) to the Constitution ( 99 th Amendment) Act 2011 (which came into force on 12
January 2012 ).
(^59) The Constitution of India, Art. 334.
(^60) Constitution ( 8 th Amendment) Act 1959 ; Constitution ( 23 rd Amendment) Act 1969 ;
Constitution ( 45 th Amendment) Act 1980 ; and Constitution ( 62 nd Amendment) Act 1989.
(^61) ‘Statement of objects and reasons’,http://indiacode.nic.in/coiweb/amend/amend 79 .htm.