Bihar Chief Minister Nitish Kumar has appealed to Prime Minister Manmohan Singh to include environment in the Concurrent List so that states could also enact legislation as per their requirements.
In a letter to the Prime Minister, Kumar said, "Since environment is a matter of concern for both the Centre and the state, it may be included in the Concurrent List (List III) so that the state may also enact legislation in this regard as per their requirements."
But, in case of conflict between the Centre and the state law, the law of the Centre will prevail, he said in the letter released to media today.
Environment is not included in any of the list (List I, II or III) in distribution of legislative power by the Constitution and hence as per provisions of the Constitution, any matter not included in the list shall be subject matter of Central government.
Kumar said his suggestion is prompted by the fact that even for smaller work like brick kiln, environment clearance is essential for which state Environment Impact Assessment Authority (SEIAA) has also been constituted.
He told the PM that over 6000 brick kilns are operating in Bihar.
"If the state is able to enact legislation it will be able to create its own body for extending environmental clearance in the event of minor minerals like brick kiln, stone and sand," he said in his letter.
