India implements environmental treaties through a combination of constitutional provisions, domestic laws, and executive actions. Here's how the process works: 1. International Treaty Signing India, through the central government, signs environmental treaties (e.g., Paris Agreement, Convention on Biological Diversity). Only the Union Government has the power to enter into international treaties under Entry 14 of the Union List (Seventh Schedule). 2. Constitutional Provisions Article 51(c): Directs the State to foster respect for international law and treaty obligations. Article 253: Empowers Parliament to make laws for implementing international treaties, even on subjects in the State List. Article 21 (Right to Life): Interpreted by the Supreme Court to include the right to a clean and healthy environment. 3. Legislative Implementation India enacts or amends domestic laws to give effect to treaty obligations. Examples: Environment (Protection) Act, 1986: Enacted after the Bhopal Gas Tragedy and for implementing decisions from the 1972 Stockholm Conference. Biological Diversity Act, 2002: To implement the Convention on Biological Diversity (CBD). Energy Conservation Act, 2001: Linked with India’s climate commitments. 4. Judicial Interpretation Indian courts, especially the Supreme Court, have referred to international treaties and principles (like precautionary principle or polluter pays) even if they are not specifically codified in Indian law. 5. Administrative and Executive Measures The government frames rules, notifications, and action plans through the Ministry of Environment, Forest and Climate Change (MoEFCC), like: National Action Plan on Climate Change (NAPCC) State Action Plans on Climate Change (SAPCC) Emission norms, conservation schemes, impact assessments, etc. Conclusion: India implements environmental treaties by aligning its domestic laws, policies, and actions with treaty obligations, while also using constitutional and judicial mechanisms to ensure enforcement and compliance.
Answer By AnikDear Client, India enforces environmental agreements via a combination of constitutional obligations, legislative enactments, judicial interpretations, and executive orders.This is explained succinctly in paragraph form below: India is a dualist country in that international treaties do not become part of domestic law automatically unless incorporated through legislation.But by virtue of Article 253 of the Indian Constitution, Parliament can make laws for giving effect to international treaties, agreements, and conventions.Environmental conventions like the Paris Agreement, Convention on Biological Diversity, and Montreal Protocol are implemented by way of specific national legislation like the Environment (Protection) Act, 1986, the Air (Prevention and Control of Pollution) Act, 1981, and the Biological Diversity Act, 2002. Indian courts, particularly the Supreme Court, have been proactive in judicially interpreting the same in compliance with international commitments, frequently using Articles 21 (right to life) and 48A (protection of the environment). The executive departments, such as the Ministry of Environment, Forest and Climate Change (MoEFCC), formulate policies, rules, and implementation strategies from the commitments made in treaties. Therefore, treaties are not self-executing in nature, but India incorporates them through a formal legal and policy framework. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
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