UNIT TEST

WATER ACT
➢ Introduction
➢ Objectives
➢ Sec.3 – Constitution of Central Boards
➢ Sec.4 – Constitution of State Boards
➢ Sec.16 – Functions of Central Board
➢ Sec.17 – Functions of State Board
➢ Powers
• S.20 – Power to obtain info. (state board)
• S.21 - Power to Take Samples of Effluents
• S.23 - Power of Entry and Inspection
• S.25 - Power to give consent for New Outlets and New Discharges
• S.30 - Power of the State Board to Carry Out Certain Works
• S.32 - Power to Take Emergency Measures in case of Pollution of Stream or
Well
• S.33A - Power to Give Directions
➢ Case Laws
• In M C Mehta v Union of India (Municipalities case), AIR 1988 SC 1115, a public
interest litigation was filed seeking the enforcement of the statutory provisions which
impose duties on municipal authorities and the SPCB constituted under the Water Act
--- the Supreme Court observed that the municipal authorities have the statutory duty
to prevent public nuisance caused by pollution of the river Ganga and therefore, the
municipal corporation of Kanpur has to bear the major responsibility for river pollution
near the city.
• In Vellore Citizens Welfare Forum v Union of India and Others, AIR 1996 SC
2715, “water pollution resulting from the discharge of untreated effluents by
tanneries and other industries into river Palar in the State of Tamil Nadu, which was a
source of drinking water supply” --- the Supreme Court expressed that efforts should
be undertaken to maintain a harmony between environment and industrial
development. Supreme Court ruled that the tanneries should be shut down until and
unless they have set up the required pollution control devices.
➢ Conclusion

CONSTITUTIONAL PROVISIONS
➢ Introduction
➢ Directive Principles
• Art.42 – State to ensure just and humane conditions for work
• Art.47 – State to raise the level of nutrition and the standard of living and to
improve public health
 • Art.48A – State shall protect and improve the environment and to safeguard
the forests and wild life of the country
➢ Fundamental Duties
• Art.51A (g) - 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
➢ Lists : Schedule VII
❖ Union List
• Entry 52 – Industries
• Entry 53 – Regulation and development of oil fields
• Entry 54 – Regulation of mines
• Entry 55 – Regulation and development of inter-state rivers
❖ State List
• Entry 6 – Public health and sanitation
• Entry 14 – Agriculture
• Entry 18 – Land
• Entry 21 – Fisheries
• Entry 25 – Gas and gas works
❖ Concurrent List
• Entry 17A – Forests
• Entry 17B – Protection of wildlife animals and birds
• Entry 20 – Economical and social planning
➢ Fundamental Rights
• Art.14 – Right to equality (any action of the state relating to environment must
not infringe upon the Right to Equality as enshrined in Art.14)
In Rural Litigation and Entitlement Kendra v. State of U.P., AIR 1988 SC 2187,
(Doon Valley Quarrying case) unauthorized mining – ecology of surrounding
area affected - Court directed Central and State govt. to prevent illegal mining
and do re-afforestation in that area.
• Art.21 - Right to Life which also includes Right to Clean and Healthy
Environment (Art. does not directly confer right to clean unpoluted and healthy
environment)
In the case of Maneka Gandhi v. Union of India, the Supreme Court while
stating the importance of Art.21, held that right to life is not confined to mere
animal existence, but extends to right to live with basic human dignity.
➢ Conclusion

ENVIRONMENT PROTECTION ACT

➢ Introduction (In the wake of the Bhopal tragedy, the government of India enacted the
Environment Act of 1986 under article 253 of the Constitution. The purpose of the
 Act is to implement the decisions of the United Nations Conference on the Human
Environment of 1972. The decisions relate to the protection and improvement of the
human environment and the prevention of hazards to human beings, other living
creatures, plants and property.)
➢ Sec.3 - Power of Central Government to take measures to protect and improve the
environment
• co-ordination of actions of the State Governments
• laying down standards for the quality of environment
• laying down standards for emission or discharge of environmental pollutants
• restriction of areas in which any industries, operations or processes shall not
be carried out
• laying down procedures and safeguards for the prevention of accidents
• laying down procedures and safeguards for the handling of hazardous
substances
• examination of such manufacturing processes, materials and substances
• establishment or recognition of environmental laboratories and institutes
• preparation of manuals, codes or guides
• collection and dissemination of information in respect of matters relating to
environmental pollution
➢ Sec.4 - Appointment of officers and their powers and functions (Central Government
may appoint officers with such designation as it thinks fit for the purposes of this Act
and may entrust to them such of the powers and functions under this Act as it may
deem fit)
➢ Sec.5 - Power to give directions (Central Government while exercising any of its
powers and performing any functions under this Act can issue directions in writing to
any person, officer or authority)
➢ Sec.6 - Rules to regulate environmental pollution; rules may provide for all or any of
the following matters :
• Standards of quality of air, water or soil
• maximum/allowable limits of concentration of various environmental
pollutants
• procedures and safeguards for the handling of hazardous substances
• prohibition and restriction on the location of industries
• procedures and safeguards for the prevention of accidents
➢ Andhra Pradesh Pollution Control Board v. M. V. Nayadu - The Court recommended
the Law Commission of India to consider a review of the environmental laws existing
in the country. The Court also recommended the need for establishing environmental
courts consisting of experts in environmental law and members of the Judiciary.
➢ Conclusion