This article is written by Paridhi Dave, a student at the Institute of Law, Nirma University. This is an exhaustive article which deals with the powers and functions of the National and State Wildlife Boards.

Introduction

Wildlife is defined under Section 2(37) of the Wildlife Protection Act, 1972 to include any animal, either aquatic or terrestrial and vegetation that forms a part of any habitat.

India has displayed a pro-active nature for conservation and protection of wildlife since time immemorial. It has a rich heritage of wildlife and a long history of the tradition to conserve. Wildlife has a crucial role to play in the ecosystem. The relationship between humankind and the environment has to be symbiotic in nature rather than parasitic. The significance of wildlife is spread across several spheres including economic and cultural spheres. 

In this article, the statutory institutions which have been established under the Wildlife Act, to facilitate the process of conservation and protection have been explained.

Legislations governing Wildlife in India

The Constitution of India, 1950 under Article 51A(g) lays down that it is a fundamental duty of the Indian citizens to protect wildlife and have compassion for all living creatures. Further, under Article 48A, it is the duty of the State to protect, safeguard and work for the improvement of forests and wildlife of the country. The subject of protection of wildlife and birds is given under List III, Schedule VII of the Constitution. List III is the Concurrent List, which depicts that both the Centre and the States have the power to make laws over it.

A special law called the Wildlife Protection Act, 1972 has been implemented for the protection of wild animals, birds and plants. The aim of the legislation is to ensure ecological and environmental security of the country. As an additional measure, a Wildlife Crime Control Bureau has also been created. The aim of the Bureau is to curb the illegal trade of wildlife which includes endangered species.

There are laws for governing wildlife in the international arena as well. These laws can prove to be an essential and useful tool for enhancing the conservation of wildlife. There exist numerous global and regional instruments for the conservation of wildlife. Some of the instruments are  Convention on International Trade in Endangered Species (CITES), Convention on Migratory Species (CMS), Convention on Biological Diversity (CBD), etc.

National Wildlife Board

An amendment was made to the Wildlife Act in 2002. The National Board of Wildlife is a ‘Statutory Organization’ which has been constituted under Section 5A of the Wildlife Protection Act, 1972. The Board was constituted in 2003 by the Central Government. It replaced the Indian Board for Wildlife.

The Board is of advisory nature and gives recommendation to the Central Government in matters of framing policies. It also advises on measures to be adopted for conservation of wildlife across the country.

The primary function of the board is promotion, conservation and development of wildlife and forests. The Board functions as the apex institution to deal with all wildlife-related matters. It also approves projects in and around national parks and sanctuaries.

Constitution

The Central Government constitutes the National Board for Wildlife. It has 47 members with the Prime Minister as the Chairperson. There are 15 non-government members, 19 ex-officio members and 10 government officials such as secretaries.

The vice-chairperson is the minister who is in charge of the Ministry of Environment and Forests in the Central Government. The Director of Wildlife Preservation shall be the Member Secretary of the National Board. 

The office of a National Board Member is not an office of profit. Except for the ex-officio members, all the members are entitled to receive allowances in respect of expenses incurred in the performance of their duties. The term of office, the manner of filling vacancies, etc. shall be as such, as may be prescribed.

Other members of the Board are:

1. Three members of Parliament (MPs) – 2 from Lok Sabha and 1 from Rajya Sabha.
2. Member of Planning Commission in-charge of Forests and Wildlife.
3. Five persons from NGOs, who will be nominated by the Central Government.
4. Ten persons from eminent conservationists, ecologists and environmentalists, who will be nominated by the Central Government.
5. The secretary to the Government of India, who is in charge of the Ministry or the Department of the Central Government dealing with forests and wildlife.
6. The Chief of Army Staff.
7. The Secretary to the Government of India, who is in charge of the Ministry of Defence.
8. The Secretary to the Government of India, who is in charge of the Ministry of Information and Broadcasting.
9. The Secretary to the Government of India, who is in charge of the Ministry of Tribal Welfare.
10. The Secretary to the Government of India, who is in charge of the Department of Expenditure, Ministry of Finance.
11. The Director-General of Forest in the Ministry for the Department of the Central Government dealing with forest and wildlife.
12. The Director-General of Tourism, Government of India.
13. The Director-General of Indian Council for Forestry Research and Education, Dehradun.
14. The Director of Wildlife Institute of India, Dehradun.
15. The Director of Zoological Survey of India.
16. The Director of Botanical Survey of India.
17. The Director of Indian Veterinary Research Institute.
18. The Director of the National Institute of Oceanography.
19. The Member-Secretary of Central Zoo Authority.
20. One representative each from ten States and Union territories (in rotation), which will be nominated by the Central Government.

Powers

1. It has the power of reviewing all wildlife-related matters.
2. It has the power to approve projects in and around national parks and sanctuaries.
3. No alteration of the boundaries of national parks and wildlife sanctuaries can be done without the permission of the National Board.
4. The Wildlife Act mandates that without the approval of the National Board, de-notification of Tiger Reserves, construction of tourist-lodges and destruction/diversion of wildlife habitat cannot take place.

Functions

The functions of the National Board are laid down in Section 5C of the Act. They are as follows:

Sr. No.	Functions
01	To promote the conservation and development of wildlife and forests through any measures that the National Board deems fit.
02	Formulating policies and offering advice to the Central Government and the State Government for matters pertaining to conservation and promotion of wildlife.
03	Effectively controlling poaching and illegal trade of wildlife and products of the same.
04	Recommending the establishment of national parks, sanctuaries and other protected areas as well as measures to restrict human activities in these areas.
05	Taking steps to assess the impact of various projects and activities related to wildlife or its habitat.
06	Reviewing the progress of wildlife conservation and suggesting steps for its improvement.
07	Preparing and publishing a status report once in two years of the wildlife in the country.

Standing Committee under the National Wildlife Board

The National Board is vested with the power to constitute a Standing Committee as per its discretion under Section 5B of the Act read with Rule 11 of the National Board for Wild Life Rules, 2003. This committee is constituted for the purpose of exercising powers and performing such duties as may be delegated to it by the Board.

The Committee shall consist of:

1. A Vice-Chairperson,
2. A Member-Secretary, and
3. Ten members from the National Board, which will be nominated by the Vice-Chairperson of the Standing Committee.

The Standing Committee can exercise all the powers which are exercisable by the National Board under the Act, 1972 or the rules made thereunder. The functions of the committee are the same as those of the National Board. The National Board has the power to constitute committees, sub-committees or study groups for discharging the functions assigned to it effectively.

Criticism

According to information provided to the Lok Sabha, since August 2014, 687 projects have come up for scrutiny. The National Board for Wildlife has cleared 682 of these projects. The board has been criticized by the wildlife experts and has been labelled as a ‘project clearance house.’  

Approximately 519 projects have been cleared in India’s Protected Areas and ‘Eco-Sensitive Zones’ by the National Board in the period between 2014-18. Data shows that 99.82% of projects have been cleared.

State Wildlife Board

Under the Act, the term ‘board’ has been defined under Section 2(4). Board means a State Board for Wildlife constituted under Section 6(1) of the Wildlife Act, 1972.

The State Governments are responsible for the creation of these Boards. The Act provides that these Boards have to be constituted within six months of the enactment of the Amended Act. 

Except for the ex-officio members, all the members are entitled to receive allowances in respect of expenses incurred in the performance of their duties. The term of office, the manner of filling vacancies, etc. shall be as such, as may be prescribed. It is a mandate for the Board to meet at least twice a year, at such places as the Government may direct.

Constitution

The Chairperson of the Board is the Chief Minister of the State or the Administrator in case of Union Territories. The Vice-Chairperson is the Minister in charge of Forests and Wildlife. The Member-Secretary is the Chief Wildlife Warden.

Other members on the Board are as follows:

1. Three members of the State Legislature or in the case of a Union Territory with Legislature, two members of the Legislative Assembly.
2. Three persons to represent NGOs dealing with wildlife, who will be nominated by the State Government.
3. Ten persons from eminent conservationists, ecologists and environmentalists, including at least two representatives of the Scheduled Tribes – these will be nominated by the State Government.
4. The Secretary to the State Government or the Union Territory Government, who is in charge of Forests and Wildlife.
5. The Officer in charge of the State Forest Department.
6. The Secretary to the State Government in the Department of Tribal Welfare.
7. The Managing Director of the State Tourism Development Corporation.
8. An Officer of the State Police Department not below the rank of Inspector-General.
9. A representative of the Armed Forces, not below the rank of a Brigadier, who will be nominated by the Central Government.
10. The Director of the Department of Animal Husbandry of the State.
11. The Director of the Department of Fisheries of the State.
12. An officer nominated by the Director of Wildlife Preservation.
13. A representative of the Wildlife Institute of India, Dehradun.
14. A representative of Zoological Survey of India.
15. A representative of Botanical Survey of India.

Powers

The State Wildlife Board has the primary task to manage the conservation and protection of wildlife at the State Level. It is empowered to exercise powers bestowed upon it under the Wildlife Act, 1972.

1. It has the power of reviewing all wildlife-related matters.
2. It has the power to approve projects inside core forest areas, before submitting it to the National Board and the Union Ministry of Environment and Forests.

Functions

The functions of the Board are broadly similar to those of the National Board. These are laid down in Section 8 of the Act, 1972.

They are enlisted below:

Conclusion

Through these efforts, one can come to the conclusion that the conservation of wildlife is important. Due to the expansion of human activities into the habitats of wild animals, there has been considerable damage in the ecosystem.

The establishment of the National Wildlife Board and the State Wildlife Board is an initiative for the conservation protection and development of the wildlife.

An attempt has been made to mitigate the harm caused and to prevent future disruptions through the constitution of these statutory bodies.

The extinction of wildlife can pose great harm to the entire planet. It can be observed that in recent times there has been mismanagement in the administration. It is important that search technical intricacies are solved at the earliest so that steps can be taken for the Welfare of the wildlife.

LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join: