Article 253 of the Indian Constitution Gives power to the parliament to introduce new laws for
the implementation of Environmental treaties
originally, did not contain any direct provision regarding the protection of the
natural environment.
However, after the United Nations Conference on Human Environment, held
in Stockholm in 1972, the Indian constitution was amended to include protection of
the environment as a constitutional mandate.
Environment-related legislation came very late in 1972 with Wild Life Protection Act 1971.
The forty-second amendment (Fundamental Duties) Clause (g) to Article 51A of the Indian
constitution made it a fundamental duty to protect and improve the natural environment.
Clause (g) to Article 51A of the Indian constitution states “It shall be the duty of every citizen
of India to protect and improve the natural environment including forests, lakes, rivers, and
wildlife and have compassion for living creatures.”
There is a directive, given to the State as one of the Directive Principles of State
Policy regarding the protection and improvement of the environment.
Article 48A states “The State shall endeavor to protect and improve the environment and to
safeguard the forests and wildlife of the country”.
Article 21 of the Indian Constitution assures the citizens of India the right to a healthy
environment.
Water (Prevention and Control of Pollution) Act of 1974
The Water (Prevention and Control of Pollution) Act was enacted in 1974 to provide for the
prevention and control of water pollution, and for the maintaining or restoring of
wholesomeness of water in the country.
The Act was amended in 1988.
The Water (Prevention and Control of Pollution) Cess Act was enacted in 1977, to provide
for the levy and collection of a cess on water consumed by persons operating and carrying
on certain types of industrial activities.
The Act vests regulatory authority in State Pollution Control Boards to establish and enforce
effluent standards for factories.
A Central Pollution Control Board performs the same functions for Union Territories and
formulates policies and coordinates activities of different State Boards.
he Act grants power to SPCB and CPCB to test equipment and to take the sample for the
purpose of analysis.
Prior to its amendment in 1988, enforcement under the Act was achieved through criminal
prosecutions initiated by the Boards.
The 1988 amendment act empowered SPCB and CPCB to close a defaulting industrial plant.
Water (Prevention and Control of Pollution) Cess Act of 1977
The Water Cess Act was passed to generate financial resources to meet the expenses of the
Central and State Pollution Boards.
The Act creates economic incentives for pollution control and requires local authorities and
certain designated industries to pay a cess (tax) for water effluent discharge.
The Central Government, after deducting the expenses of collection, pays the central and
state boards such sums, as it seems necessary.
To encourage capital investment in pollution control, the Act gives a polluter a 70% rebate
of the applicable cess upon installing effluent treatment equipment.
Central Pollution Control Board (CPCB)
The Central Pollution Control Board (CPCB), the statutory organization, was constituted in
September 1974 under the Water (Prevention and Control of Pollution) Act, 1974.
Further, CPCB was entrusted with the powers and functions under the Air (Prevention and
Control of Pollution) Act, 1981.
The board is led by its chairman, who is nominated by the Central Government.
Functions
It serves as a field formation and also provides technical services to the Ministry of Environment
and Forests of the provisions of the Environment (Protection) Act, 1986.
Principal Functions of the CPCB, as spelled out in the Water (Prevention and Control of Pollution)
Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981,
1. to promote cleanliness of streams and wells in different areas of the States by prevention,
control, and abatement of water pollution, and
2. to improve the quality of air and to prevent, control, or abate air pollution in the country.
Air Quality Monitoring
Air Quality Monitoring is an important part of air quality management.
The National Air Monitoring Programme (NAMP) has been established with objectives to
determine the present air quality status and trends and to control and regulate
pollution from industries and other sources to meet the air quality standards.
It also provides background air quality data needed for industrial siting and town planning.
Besides this, CPCB has an automatic monitoring station at ITO Intersection in New Delhi. At
this station, Respirable Suspended Particulate Matter (RSPM), Carbon Monoxide (CO),
Ozone (O3), Sulphur Dioxide (SO2), Nitrogen Dioxide (NO2), and Suspended Particulate
Matter (SPM) are being monitored regularly. This information on Air Quality at ITO is
updated every week.
Water Quality Monitoring (WQM)
Freshwater is a finite resource essential for use in agriculture, industry, propagation of
wildlife & fisheries, and for human existence.
India is a riverine country. It has 14 major rivers, 44 medium rivers, and 55 minor rivers
besides numerous lakes, ponds, and wells which are used as primary sources of drinking
water even without treatment.
Most of the rivers being fed by monsoon rains, which is limited to only three months of the
year, run dry throughout the rest of the year often carrying wastewater discharges from
industries or cities/towns endangering the quality of our scarce water resources.
The parliament of India in its wisdom enacted the Water (Prevention and Control of
Pollution) Act, 1974 with a view to maintaining and restoring wholesomeness of our water
bodies.
One of the mandates of CPCB is to collect, collate and disseminate technical and statistical
data relating to water pollution.
Hence, Water Quality Monitoring (WQM) and Surveillance are of utmost importance.
Sec. 3,4 - Constitution & Composition of C&S
Sec. 16,17 – functions of C&S
Sec. 13,14 – joint board
Sec. 19,20,25,27 – Prevention & control of water pollution
Disqualification - Sec. 6
Meeting – sec. 8
Constitution – sec. 9
Appeal- sec. 28
Penalty – sec. 41 & 42
Conclusion - Water pollution is a big issue in India and controlling and preventing it is another big
issue, till now we are not able to create awareness among the people regarding the importance of
conserving water bodies, this Act certainly provides various agencies that will look to prevent and
control water pollution, the Act lays down various procedures for filing a complaint and the powers
of each and every board.
However more needs to be done and the Act should be made more comprehensive, more
participation should be given to the locals and punishments should be made stricter so that it Acts as
a strong deterrence. Above all these more emphasis should be given on the implementation aspect
as just by making laws you cannot control pollution, proper implementation is also required.
Air Act
Need
Scope
Purpose
What boards set up – sec. 2(f),(g),sec. 6,sec. 2(o)
Constitution of c&s- sec. 3,5(2)
Member’s term & condition – sec. 7
Disqualification – sec. 8
Board meeting – sec. 10
Setting up commodity – sec. 11
Temporary association with board – sec. 12
Function of center- sec. 16
Function of state - sec. 17
Power to give direction – section 18
Power to declare area – sec. 19
Give restriction for emission of automobile – sec. 20
Restriction to use industrial plant – sec. 21
Power to make application for restraining person causing pollution- sec. 22A
Furnish info. To board & other agencies – sec. 23
Power to enter & inspect – sec. 24
Power to obtain info. – sec. 25
Power to take sample- sec. 26(1),(3).(4)
Air lab at state level- sec. 28
Appeal- sec. 31(2)
Constitution of appellate authority- sec. 31(2), 31B
Funds – sec. 33
Annual report – sec. 35
Budget – sec. 34
Maintainence under financial reoprt – sec. 36
Penalties – sec. 37, 38, 39, 40, 4i
Procedure – sec. 42,43,44,45,46
register- sec. 51
Prior to enactment - sec. 52
