De Facto IAS - Law Optional UPSC

Major statutes concerning environmental law

PYQ Question and Answers
Q- India's 40 years old 'Air Act', 1981, languishes in the present circumstances of Air
Pollution emergency in Delhi- National Capital Region. Comment on the effectiveness
of law in the light of judicial and administrative mechanism. [2021]

Answer

The Air (Prevention and Control of Pollution) Act, 1981, aims to enable the “preservation
of the quality of air and control of air pollution.” It was enacted to fulfil India’s
commitments at the 1972 United Nations environment conference. The law gave sweeping
powers to state and central governments:
● to take action to improve air quality,
● enforce pollution control measures,
● shut down errant industries, and
● punish polluters.

Provisions
Following are the recourse under the Act that can be taken, specifically the powers of the
Pollution Control Boards:
● Power of search and seizure
● Power to take samples
● No industry can be setup without its permission
● Can file criminal complaints against factory owners/ employees
Further, penal provisions are in the Act for imprisonment upto 7 years if the Act is violated.

Critical Analysis
Air Act, 1981 is toothless. Also, the Act is ignored by the implementing bodies
● Almost zero cases have been filed under the Air Act from northern Indian states in
recent years, even though they face the worst pollution every winter.
● Even the Supreme Court and governments have ignored the law; measures like the
Graded Response Action Plan or the Odd-Even scheme rely on other laws or
regulations, some of which have nothing to do with the environment.
● it has mainly focused on large and obvious sources of pollution like factories and
power plants and did not cover dispersed sources of pollution like landfills,
agricultural fields, vehicles and households – which have emerged as sources of air
pollution.
● Act has not been amended to respond to the evolving ground realities.
T.S.R. Subramaniam committee set up by the environment ministry to evaluate
environmental laws said that the Air Act should be repealed and its provisions subsumed
under the Environment (Protection) Act.
 De Facto IAS - Law Optional UPSC

Q- Discuss the access and benefit sharing law provided under the Biodiversity
Conservation Act, 2002 with special reference to adjudication of biodiversity disputes
and jurisdiction of the National Green Tribunal. [2020]

Answer-

The Preamble of the Biological Diversity Act, 2002 provides for conservation of biological
diversity, sustainable use of its components and fair and equitable sharing of the benefits
arising out of the use of biological/ genetic resources, knowledge and for matters connected
therewith or incidental thereto.

Access & Benefit Sharing

Chapter II of the Act, provide the regulation of Access to Biological Diversity.
● Section 3: prohibits certain persons not to undertake Biodiversity related activities
without approval of National Biodiversity Authority.
● Section 4: This requirement of prior approval also applies for transferring
knowledge on any biological resources occurring in, or obtained from, India.
● Section 6: Regulates granting IPR to research based on a biological resource
obtained from India without obtaining the previous approval of the National
Biodiversity Authority.
● Section 7: Requires that State Biodiversity Board be intimated before obtaining any
biological resource for commercial utilisation.

Chapter III of the Act, provides one of the functions and powers of National Biodiversity
Authority to issue guidelines for fair and equitable benefit sharing and access to biological
resources. Section 18 provides that NBA may advise Central & State governments on the
issue of benefit and access sharing.

National Green Tribunal

The National Green Tribunal, established in 2010, as per the National Green Tribunal Act
is a specialised judicial body equipped with expertise solely for the purpose of adjudicating
environmental cases in the country.

Any person seeking relief and compensation for environmental damage involving subjects
in the legislations mentioned in Schedule I of the National Green Tribunal Act, 2010 may
approach the Tribunal. The Biological Diversity Act, 2002 is in Schedule I.
 De Facto IAS - Law Optional UPSC

Q- "The Environment (Protection) Act, 1986 is an umbrella legislation to not only

protect and improve the environment but to prevent and control pollution" Comment
and analyze. [2020]

Answer -

The preamble of the Act states the objective of the Act to be the protection and
improvement of the environment. It seeks to protect human beings, other living creatures,
plants, and property from environmental hazards. It extends to the whole of India and aims
to prevent, control, and abate environmental pollution.

Umbrella Legislation
It is called an umbrella legislation because
1. It establishes the basic framework for planning and executing large-scale strategies to
protect and improve the overall environment, rather than focusing on specific aspects.
2. It provides for coordination between the Central government, state government, and
authorities that are established under various other legislation related to the
environment.
3. It fills the lacuna created by several other distinct legislation like the Water Act and Air
Act. It connects them together and makes them more effective.
4. It is broad and comprehensive legislation that covers the definitions, powers, and
responsibilities of the central government towards the environment, and penal
provisions as well.
5. Comprehensive system of Environmental Impact Assessment is introduced based on
the principle of precautionary principle to assess the environmental impact of
development projects. This achieves the objective of protection of environment and
prevention of pollution.

Prevention, control, and abatement of environmental pollution

● Section 7: prohibits pollutants in excess of prescribed standards.
● Section 8: Handling of hazardous substances shall be as per safeguards and
procedures given.
● Section 12: samples shall be analysed in Government recognised labs, under the
Act.
 De Facto IAS - Law Optional UPSC

"The NGT, which was established for effective and expeditious disposal of cases
relating to environmental protection and conservation of forests and other natural
resources, has played a pivotal role in the recent past in this regard." Examine the
statement with reference the pronouncements given by the NGT. [2019]

Answer-

The National Green Tribunal has been established under the National Green Tribunal Act
2010 for effective and expeditious disposal of cases relating to environmental protection
and conservation of forests and other natural resources including enforcement of any legal
right relating to environment and giving relief and compensation for damages to persons
and property and for matters connected therewith or incidental thereto.

Powers
It is a specialized body equipped with the necessary expertise to handle environmental
disputes involving multi-disciplinary issues. The Tribunal shall not be bound by the
procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by
principles of natural justice.

Jurisdiction
The Tribunal's dedicated jurisdiction in environmental matters shall provide speedy
environmental justice and help reduce the burden of litigation in the higher courts. The
Tribunal is mandated to make and endeavour for disposal of applications or appeals finally
within 6 months of filing of the same. It has a principal bench at New Delhi, and 4 regional
benches.

NGT Pronouncements
Jeet Singh Kanwar v Union of India: NGT pronounced illegality of environmental
clearance to a coal-fired power plant.
Vardaman Kaushik v Union of India: NGT provided action points to deal with growing
pollution in Delhi
● Formulation of action plan
● vehicles which are 10 years old are prohibited
● burning plastic is prohibited.
● Cycle tracks to reduce vehicular movement
● Multi-level car parking.
 De Facto IAS - Law Optional UPSC

Question - Sustainable development has been accepted as a balancing concept

between ecology and development. Discuss the recognition and application of this
principle under the laws relating to environmental protection in India. [2018]

Answer

Sustainable Development
The principle of sustainable development seeks to achieve the following three basic
objectives:
(1) Economic: to maintain production of goods and services for development and
efficiency;
(2) Environmental: conversation and management of neutral resources including
preservation of bio-diversity and maintenance of biological integrity;
(3) Social: maintenance and enhancement of the quality of life adopting the principle of
equitable distribution of wealth and material resources.

Principles of Sustainable Development

The Brundtland Commission Report (1987) lead to international recognition of sustainable
development and outlined its salient features:
(1) Inter-generational equity;
(2) Use and conservation of natural resources;
(3) Environmental protection;
(4) The precautionary principle;
(5) The ‘Polluter Pays’ principle;
(6) Principle of liability to help and co-operate;
(7) Poverty eradication; and
(8) Principle of ‘public trust’.

Laws relating to Environmental Protection

The period around 1970-1980 was marked with the Central Government initiating various
laws and acts for environmental protection such as the Water (Prevention and Control of
Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981; the Wildlife
(Protection) Act, 1972; The Forest (Conservation) Act, 1980, etc.

The Environment (Protection) Act of 1986 was an important legislative initiative to protect
and conserve the environment through interventions such as setting standards for
emissions; regulating location of manufacturing plants; and management of hazardous
wastes, among others.

The Biological Diversity Act, 2002 was enacted for the preservation of biological diversity
in India. With an objective to conserve critical environmental resources, the National
Environment Policy of 2006 was introduced by the Union Government.

The National Environment Policy of 2006; the National Conservation Strategy and the
Policy Statement on Environment and Development of 1996; the National Conservation
Strategy and the Policy Statement on Environment and Development of 1992 and the
National Forest Policy, 1988 together guide the Ministry of Environment, Forest and
Climate Change (MoEFCC) to plan, promote, co-ordinate and oversee implementation of
environmental and forestry policies and programmes for the conservation, preservation and
protection of the environment.
De Facto IAS - Law Optional UPSC