AMU

Faculty of Law

Project work

Subject : Environmental Law

Topic: Salient features of Environmental

Protection Act.

Submitted by : Adnan Zaidi

16BALLB-13
GJ0235
VIII SEM (BALLB)

Submitted to : Prof MZM Nomani

Introduction

Though there is a host of legislation in India aimed at protecting the environment from pollution
and maintaining the ecological balance, the environment has not so far been considered in its
totality. The Environment (Protection) Act, 1986, enacted under Art. 253 of the Constitution of
India to implement the decisions made at the United Nations Conference on Human
Environment held at Stockholm, 1972 was expected to fill the lacuna and provide a blueprint for
a progressive policy for protecting the ecosystem. The Act seeks to supplement the existing laws
on control of pollution by enacting general legislation for environmental protection and to fill the
gaps in regulations of major environmental hazards. The Environment Protection Act is umbrella
legislation enacted to provide for the Central Government coordination over the central and State
authorities established inter-alia under the water Act, 1974 and the Air Act, 1981.

Constitutional Provision:

Article 21 of the Constitution says that “no person shall be deprived of his life or personal liberty
exists according to procedure established by law”.
Article 47 provides under the Directive Principles that improvement of public health is the
primary duty of the State.
Article 253 says that “Notwithstanding anything in the foregoing provisions of this Chapter,
Parliament has power to make any law for the whole or any part of the territory of India for
implementing any treaty, agreement or convention with any other country or countries or any
decision made at any international conference, association or other body.”1

The Forty Second Amendment Act:

Environmental protection and improvement were explicitly incorporated into the Constitution by
the 42nd Constitutional Amendment act of 1976. By these Articles 48A and 51 A(g) were
inserted.

1
Nitin Kumar Yadav, National Green Tribunal- A new beginning for environmental cases, Centre for
science and environment.
 Article 48-A says that “The State shall endeavour to protect and improve the environment and to
safeguard the forests and wild life of the country”.

Article 51-A(g) says that “It shall be the duty of every citizen of India to protect and improve the
natural environment including forests, lakes, rivers and wild life, and to have compassion for
living creatures”.

Both the Article 48A and 51A (g) highlight the national consensus on the importance of
environmental protection and improvement.

This Article 253 empowers parliament to make laws implementing India’s international
obligations as well as any decision made at an international conference, association or other
body. Parliament has used its power under Article 253 to enact the the environment (protection)
Act of 1986 – to implement the decisions reached at the United Nations conference held at
Stockholm in 1972.2

What is the purpose of the Environmental Protection Act?

The purpose of the Environmental Protection Act (EPA) is to support and promote the
management, protection, enhancement and wise use of the environment, while recognizing the
following:

 Preventing, mitigating and remediating environmental impacts is important in making

decisions and taking actions.
 Where there are threats of serious or irreparable harm to the ecological integrity, lack of
complete certainty is not to be a reason for postponing reasonable environmental protection
measures.
 All persons are responsible, financially and otherwise, for impacts on the environment as
a result of their actions or inaction.
 Administrative, management and regulatory processes need to be adaptive, responsive,
fair, effective and timely.3

2
www.thefactfactor.com (visited at 04:42 PM on 20th May 2020)
3
www.enr.gpv.nt.ca (visited at 5:10 PM on 20th May 2020)
Salient features: 

The Environment Protection Act, 1986 (hereinafter called the Act) contains 26 sections and
divided into four chapters. The Environment Protection Act aims to achieve the objects, which
the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of
Pollution) Act, 1981, failed to achieve. The Ministry of Forests and Environment is entrusted
with the responsibility to implement the provisions of the Act. The Central Government
appointed a Standing Committee consisting of 42 members, headed by V. Narayan Swami to
examine the working of the Ministry was not satisfactory.4
1. Preliminary: Chapter-I of the Environment Protection Act relates to ‘Preliminary’. It
contains two sections. Section 1 refers to short title, extent and commencement. The Act
is a territorial law, extends to the whole of India including the State of Jammu and
Kashmir, and empowers the Central Government to fix different dates for application of
the provisions of the Act for different areas. Section 2 defines various expressions used
in the Act, viz.: a) environment; b) environmental pollutant: c) environmental pollution;
d) hazardous substance etc.

2. General Powers of the Central Government: Sections 3 to 6 under Chapter-II of the

Environment Protection Act confer on the Central Government power to take measures
to protect and improve the environment. Section 3(1) empowers the Central Government
to take all such measures as it deems necessary or expedient for protecting and improving
the quality of the environment and preventing, controlling and abating environmental
pollution.
According to Sec. 3(2) of the Environment Protection Act, the measures taken by the Central
Government may include all or any one of the following:

1. Co-ordination of actions by the State Governments, Offices and other authorities:

2. Under this Act or the rules made thereunder; or

3. Under any law for the time being in force, which is relatable to the objects of this Act;

4. Planning and execution of a nation-wide programme for the prevention, control and
abatement of environmental pollution;

5. Laying down standards for the quality of the environment in its various aspects;

6. Laying down standards for emission or discharge of environmental pollutants from

various sources;

4
Swapan Kumar Patra and Venni Venkata krishnan, National Green tribunal and environmental justice in India.
Indian Journal of Geo-Marine Sciences · January 2014
 7. Restriction of areas in which industrial operations or processes shall not be carried out or
shall be carried out with necessary safeguards;

8. Laying down procedures and safeguards to prevent accidents resulting in environmental

pollution and remedial measures for such accidents;

9. Laying down procedures and safeguards for the handling of hazardous substances;

10. Examining the manufacturing processes, materials and substances likely to cause
environmental pollution;

11. Carrying out and sponsoring investigations and research relating to problems of
environmental pollution;
12. Inspection of any premises, plant, equipment. Machinery etc. and directing/ordering the
concerned authorities to take necessary steps for the prevention, control and abatement of
environmental pollution;

13. Establishment or recognition of environmental laboratories and institutes and to supervise

the work entrusted to them under the Act;

14. Collection and dissemination of information in respect of matters relating to

environmental pollution;

15. Preparation of manuals, codes or guides relating to the prevention, control and abatement
of environmental pollution; and

16. Such other matters as the Central Government deems necessary or expedient for the
purpose of securing the effective implementation of the provisions of this Act.

Section 3(3) of the Environment Protection Act empowers the Central Government to constitute
an authority or authorities to issue necessary directions to the polluters to take necessary steps.
Section 4 empowers the Central Government to appoint officers with such designations,
functions and powers. They are under the direct control of the Central Government or under the
authority constituted by the Central Government. According to
Sec. 5, the Central Govt. can confer power on the authority to issue such directions as to closure
or regulation of any industry.
Sec. 6 empowers the Central Government to formulate the rules on all or any matter referred to
in Sec. 3(2).

3. Prevention, Control and Abatement of Environmental Pollution:

Sections 7 to 17 under Chapter-Ill lay down the provisions relating to the prevention,
control and abatement of environmental pollution.
According to Sec. 7, persons carrying on hazardous processes shall not discharge or emit or
permit to be discharged or emitted, any environmental pollutant in excess of the prescribed
Standard/quantity. Sec. 8 insists upon the persons handling hazardous substances to comply with
the procedural safeguards.
Section 9 says that where the discharge of any environmental pollutant in excess of the
prescribed standard takes place due to accident or other cause, the person in charge of the place
is bound to prevent or mitigate the pollution as a consequence of such discharge and shall also
forthwith:
1. intimate the matter to the concerned authorities and
2. be bound. if called upon to render assistance to such authorities or agencies as may be
prescribed.
On the receipt of the information, the authorities or agencies shall as early as possible cause such
remedial measures to be taken to prevent or mitigate environmental pollution. Expenses, if any.
incurred in this connection can be recovered from the person who caused the pollution.

Power of Entry and Inspection: 

According to Sec. 10, the Central Government can empower any person to enter any industry at
all reasonable times to inspect any place, plant, equipment, records etc. The occupier is bound to
make necessary arrangements and render necessary assistance. If the occupier/owner wilfully
obstructs the inspection officials from performing their duties, he shall be guilty of committing
an offence under the Environment Protection Act.
Sec. 11 empowers the Central Govt. or the authorised officer to take/collect samples of air,
water, soil or other substances for the purpose of analysis. Sec. 12 makes provision for the
establishment of one or more environmental laboratories or institutions by the Central
Government by notification in the Official Gazette. Sec. 13 empowers the Central Government,
to appoint Government Analysts for analysing the samples collected (air, water, soil or other
substance). The reports signed by the analyst may be used as documentary evidence (Sec. 14).

Penal Provisions: 

Sec.15 lays down penal provisions. Whoever fails to comply with or contravenes any provision
of the Environment Protection Act, shall be punishable with imprisonment for the term, which
may extend to five years or with fine which may extend to one lakh rupees or with both. In case,
the failure or contravention continues, an additional fine of Rs. 5,000/- per day shall be imposed.

Miscellaneous Provisions: 

Sections 18 to 26 under Chapter IV of the Environment Protection Act lay down the
miscellaneous provisions. Sec.18 says that “no suit, prosecution or Other legal proceedings shall
lie against the Govt. or any officer or employee of the Govt. or authority under the Act for acts
done in good faith. Sec.19 deals with cognizance of offences. No court shall take cognizance of
any offence under the Act except on a complaint made by (a) the Govt. or its authority or an
officer; or (b) a person who has served a notice of 60 days to lodge a complaint against the
alleged offence.
According to Sec. 21, all the members, officers and employees of the authority constituted under.
Sec. 3 are “Public Servants” under Sec. 21 of the Indian Penal Code. Sec. 22 speaks about ‘Bar
of Jurisdiction’. No civil court shall have jurisdiction to entertain any suit or proceeding against
the order or direction of the Central Government or an authority constituted by the Central
Government, or an officer appointed by the Central Government under the Act.

Power to make Rules:

Sec 25 of the Environment Protection Act empowers the Central Government to make rules. The
Central Govt. may be in the Official Gazette, make rules for carrying out the purposes/objects of
the Act. Section 7, 8, 9, 11, 12, 13 and 19 deal with the rules. Finally, Sec. 26 says that the rules
made under the Act shall be laid/placed before each house of the Parliament for approval.5

Powers of the Court

The Act does not curtail the powers of the Supreme Court. It has from time to time in various
matters issued directions and orders to control pollution. Some such important cases pertaining to
the protection of the environment are:

 Directions issued to control vehicular pollution

In Mehta v. Union of India6, in order to control the chaotic traffic conditions and vehicular
pollution, the Supreme Court issued the following directions.
a. All commercial/transport vehicles which are more than 20 years old should be phased out
and not permitted to ply in Delhi after October 1998
b. All such commercial /transport vehicles which are 17 to 19 years old (3200) shall not be
permitted to ply in the National Capital Territory, Delhi after 1998;
c. Such of the commercial /transport vehicles which are 15 and 16 years old (4962) shall not
be permitted to ply after December 31, 1998
The Supreme Court made this order applies to all commercial/transport vehicles whether
registered in the National Capital Territory of Delhi or outside (but ply in Delhi) which are of
more than stipulated age and which do not have any authority to ply in Delhi.

 Protection of Coastline of India

In Indian Council for Enviro-Legal Action v Union of India 7, the Supreme Court in regard to
the 600 km long coastline emphasized that it would be the duty and responsibility of the coastal
states and Union Territories in which the stretch exists, to see that the notifications issued,
declaring the coastal stretches should be properly and duly implemented.
Further, the various restrictions on the setting up and expansion of industries, operation or
process, etc. in the regulation Zone should be strictly enforced.

In the same case, the court enunciated the principle further that the polluter pays. Once the
activity carried on is hazardous or inherently dangerous, the person carrying on such activity is

5
www.indianjudiciarynotes.com (visited at 5:00 PM on 20th May 2020)
6
(1998) 6 SCC 63
7
(1996) AIR 1446
liable to make good the loss caused to any other person irrespective of the fact whether he took
reasonable care while carrying on his activity.
Under this principle, it is not the role of the Government to meet the costs involved in either
prevention of such damage or in carrying out remedial action, because the effect of this would be
to shift the financial burden of the pollution incident on the taxpayer. The responsibility of
repairing the damage is that of the offending industry.

 Other cases

In Vellore Citizen Welfare Forum v. Union of India & others 8, the polluter principle as
interpreted by the Supreme Court means that the absolute liability for harm to the environment
extends not only to compensate the victims of pollution but also the cost of restoring the
environmental degradation.
Remediation of the damaged environment is part of the process of “Sustainable Development”
and as such polluter is liable to pay the cost to the individual sufferer as well as the cost of
reversing the damaged ecology.

In Goa Foundation v. Diksha Holdings Pvt. Ltd9  the court observed that with a view to
protecting the ecological balance in the coastal areas, notifications having been issued by the
Central Government, there ought not to be any violation and prohibited activities should not be
allowed to come up within the area declared as CRZ notification.
The court also emphasised that no activities which would ultimately lead to unscientific and
unsustainable development and ecological destruction should be allowed.10

8
AIR 1996 SC 2715
9
1999 (2) BomCR 550
10
Environmental Protection Act,1986, overview by Mayank Shekhar, www.legalbites.com (visited at 12:00 PM on
21st May 2020)
References

Swapan Kumar Patra and Venni Venkata krishnan, National Green tribunal and environmental justice in India.
Indian Journal of Geo-Marine Sciences · January 2014

Nitin Kumar Yadav, National Green Tribunal- A new beginning for environmental cases, Centre for
science and environment.

www.legalbites.com

www.indianjudiciarynotes.com