Introduction
Today's legal and governance highlights focus on the evolving "Right to a Clean and Healthy Environment" in the wake of the ongoing air pollution crisis. The analysis covers the statutory powers of the Commission for Air Quality Management (CAQM), the environmental clearance process for the Dulhasti Stage-II project, and the new statutory incentives for Rare Earth Permanent Magnets (REPM) under the MMDR framework.
1. Constitutional & Environmental Law: Right to Clean Environment
The worsening air pollution in Delhi-NCR has reignited the debate on the constitutional status of environmental rights.
A. The Constitutional Evolution
Article 21 (Right to Life): Through judicial activism, the Supreme Court has interpreted the "Right to Life" to include the "Right to a Clean and Healthy Environment."
M.C. Mehta v. Union of India (1986): Established the Right to a Pollution-Free Environment.
Subhash Kumar v. State of Bihar (1991): Ruled that the state must ensure pollution-free air and water.
M.K. Ranjitsinh v. Union of India (2024): A recent landmark ruling that explicitly recognized a Right against adverse effects of Climate Change under Article 21 and Article 14 (Equality).
Directive Principles (DPSP): Article 48A mandates the State to protect and improve the environment.
Fundamental Duties: Article 51A(g) imposes a duty on every citizen to protect the natural environment.
B. Statutory Body: Commission for Air Quality Management (CAQM)
Enabling Act: The CAQM was established under the Commission for Air Quality Management in NCR and Adjoining Areas Act, 2021.
Statutory Powers:
It is the apex body for air pollution in NCR, superseding state pollution control boards in case of conflict.
It implements the Graded Response Action Plan (GRAP), a statutory emergency framework that mandates school closures and construction bans based on AQI levels.
It is directly accountable to the Parliament.
2. Project Clearance & Treaty Law: Dulhasti Stage-II
The Expert Appraisal Committee (EAC) has recommended environmental clearance for the Dulhasti Stage-II hydropower project on the Chenab River.
A. Statutory Process (EIA)
Expert Appraisal Committee (EAC): A statutory committee constituted under the Environment Impact Assessment (EIA) Notification, 2006 (issued under the Environment Protection Act, 1986). It recommends environmental clearance to the MoEF&CC.
Run-of-the-River (ROR): The project is designed as ROR, which generally faces fewer statutory hurdles regarding displacement compared to large reservoir dams.
B. International Law: Indus Waters Treaty (IWT)
Context: The project is on the Chenab River, a "Western River" allocated to Pakistan under the Indus Waters Treaty, 1960.
Legal Rights: India has the legal right to generate hydroelectricity through ROR projects on Western Rivers, provided they do not affect the flow/storage beyond treaty limits. The project's advancement signals India's strategic exercise of these treaty rights.
3. Mining Law: Rare Earth Permanent Magnets (REPM) Scheme
The Government approved a ₹7,280 crore scheme to promote the manufacturing of Rare Earth Permanent Magnets.
A. Statutory Framework: MMDR Act
Mines and Minerals (Development and Regulation) Act, 1957: The legal backbone for mining in India.
2023 Amendment: A critical legal reform that removed "atomic minerals" (like Lithium and Monazite) from the prohibited list, legally allowing private sector participation in their exploration and mining.
National Critical Minerals Mission (NCMM), 2025: A new policy framework aiming to secure the supply chain for critical minerals, likely to be backed by specific statutory rules for auction and royalty.
Key Legal Takeaways
Statutory Body: CAQM (Established under CAQM Act, 2021).
Constitutional Rights: Article 21 includes Right to Clean Environment; Article 48A (State Duty); Article 51A(g) (Citizen Duty).
Key Judgment: M.K. Ranjitsinh v. Union of India (2024) (Right against Climate Change).
Treaty: Indus Waters Treaty, 1960 (Governs rights over Chenab River).
Mining Law: MMDR Act, 1957 (2023 Amendment) allows private entry into critical minerals.
Geographical Indication (GI): Narsapuram Crochet Lace (Andhra Pradesh) has a GI Tag, giving it statutory protection under the GI Act, 1999.
Frequently Asked Questions (FAQs)
Q1: Is the Commission for Air Quality Management (CAQM) a constitutional body?
Answer: No, it is a Statutory Body established by an Act of Parliament in 2021.
Q2: Which Supreme Court judgment recognized the "Right against adverse effects of Climate Change"?
Answer: The landmark judgment of M.K. Ranjitsinh v. Union of India (2024).
Q3: Can India build hydropower projects on the Chenab River under the Indus Waters Treaty?
Answer: Yes. Under the IWT 1960, while the Chenab is allocated to Pakistan, India has the legal right to use it for "non-consumptive" purposes, including the generation of hydroelectric power through Run-of-the-River (ROR) projects.
Q4: Under which Act is the Expert Appraisal Committee (EAC) constituted?
Answer: It is constituted under the Environment Impact Assessment (EIA) Notification, 2006, which derives its power from the Environment (Protection) Act, 1986.
Q5: What is the significance of the 2023 Amendment to the MMDR Act for rare earth minerals?
Answer: It legally de-listed certain atomic/critical minerals (like Lithium and Monazite) from the exclusive list of the government, enabling the auction of mining blocks to the private sector for the first time.