1.

Salient Features of the Air (Prevention and Control of Pollution) Act, 1981
(13 Marks Answer)

The Air (Prevention and Control of Pollution) Act, 1981, is a significant piece of
environmental legislation enacted by the Indian Parliament to address the rising levels of air
pollution in the country. It provides a comprehensive framework for the prevention, control,
and abatement of air pollution. The salient features of the Act are as follows:

1. Establishment of Central and State Pollution Control Boards

The Act provides for the constitution of:

Central Pollution Control Board (CPCB) at the national level.

State Pollution Control Boards (SPCBs) in each state.

These boards are responsible for implementing the provisions of the Act, monitoring air
quality, and advising the government on matters related to air pollution.

2. Power to Declare Air Pollution Control Areas

The State Governments, in consultation with the SPCBs, are empowered to declare any area
as an ‘Air Pollution Control Area’.

Within such areas, the use of certain fuels and appliances may be regulated or prohibited.

3. Restriction on Industrial Emissions

No person shall establish or operate any industrial plant in the air pollution control area
without the consent of the concerned SPCB.

The Act empowers the board to set emission standards and regulate the discharge of air
pollutants from factories and vehicles.

4. Emphasis on Pollution Prevention

The Act promotes pollution prevention rather than mere control by encouraging the use of
cleaner technologies, fuels, and processes.

It mandates industries to install pollution control equipment and follow standard operating
procedures to minimize emissions.

5. Inspection and Monitoring Powers

The Boards have the authority to:

Inspect industrial premises.

Take samples of emissions.

Conduct analysis of air pollutants.

Issue directives to close or regulate operations that are non-compliant.

6. Penalties and Prosecution

Non-compliance with the provisions of the Act is a punishable offence.

Penalties include imprisonment up to 3 months, or a fine up to ₹10,000, or both. Continued

non-compliance attracts additional daily fines.

7. Public Participation and Awareness

The Act encourages the involvement of the public by allowing them to report instances of air
pollution.

It also emphasizes environmental education and awareness as tools to combat air pollution.

8. Powers to the Central Government

The Central Government is empowered to:

Take measures to improve air quality.

Coordinate actions among different states.

Lay down standards for air quality and emission.

9. Emission Standards for Automobiles

The Act provides a mechanism to regulate vehicular emissions, one of the major sources of
air pollution.

It encourages the adoption of eco-friendly fuels and technologies in transportation.

10. Role of Judiciary

Over the years, courts have interpreted the Act progressively, especially under Article 21 of
the Constitution (Right to Life) to ensure a pollution-free environment.

Conclusion
The Air (Prevention and Control of Pollution) Act, 1981, plays a crucial role in India’s
environmental legal framework. It aims to maintain and restore air quality through effective
regulation, public participation, and strict enforcement of standards. However, its success
depends on robust implementation, technological advancement, and active public
cooperation.

2. Salient Features of the Environment (Protection) Act, 1986

(13 Marks Answer)

The Environment (Protection) Act, 1986 was enacted in the aftermath of the Bhopal Gas
Tragedy to provide a comprehensive legal framework for the protection and improvement of
the environment. It empowers the central government to take all necessary measures to
prevent environmental pollution and ensure sustainable development.
Salient Features
1. Comprehensive Umbrella Legislation
The Act serves as an umbrella legislation, supplementing existing laws such as the Water
Act, 1974 and the Air Act, 1981.

It fills the gaps in earlier environmental laws.

2. Power of the Central Government

The Central Government is given wide-ranging powers to take measures for:

Protecting and improving the environment.

Coordinating actions among states.

Laying down standards for emissions and discharge of pollutants.

3. Regulation of Industries
The Act empowers the government to:

Regulate industrial operations in environmentally sensitive areas.

Prohibit or restrict the location of industries and prescribe safeguards.

4. Standards for Environmental Quality

It allows for the prescription of standards for air, water, and soil quality, and for waste
discharge and emissions.

5. Penal Provisions
The Act provides for stringent penalties for violations.

Imprisonment up to 5 years and/or fines up to ₹1 lakh.

In case of continued violations, additional fines and extended imprisonment.

6. No Requirement of Mens Rea
The Act is based on the principle of strict and absolute liability.

No need to prove criminal intention (mens rea) to prosecute environmental offences.

7. Power to Issue Directives

The government can issue written directions to any person, officer, or authority.

These directions are legally binding and may include closure or regulation of any industry.

8. Hazardous Substances Management

Provisions are included for handling, storage, and disposal of hazardous substances.

Includes rules for waste management and chemical safety.

9. Citizen’s Right to Approach Courts

Any person (except in bad faith) can approach the courts after giving 60 days’ notice to
authorities regarding environmental violations.

10. Environmental Impact Assessment (EIA)

Although not part of the original Act, it has become an important tool under this Act,
requiring certain projects to undergo an EIA before receiving clearance.

Criticism of the Environment (Protection) Act, 1986

Despite its broad scope, the Act has faced significant criticism:

1. Over-centralization of Power
Too much power is vested in the central government, reducing the autonomy of state and
local bodies.

Lack of decentralization hinders effective implementation at grassroots levels.

2. Lack of Public Participation

While the Act allows citizens to report violations, there is no strong mechanism for public
consultation or participation, especially in decision-making like EIAs.

3. Weak Implementation and Enforcement

Poor enforcement due to insufficient manpower, funds, and political will.

Industries often evade compliance due to weak inspection systems.

4. Vague and Ambiguous Provisions

Certain terms like "hazardous substances" or "adverse impact" are not clearly defined,
leading to legal loopholes and varied interpretations.

5. Low Penalties
Although the Act prescribes imprisonment and fines, the penalties are often inadequate to
deter large industrial violators.

6. Limited Role of Local Self-Governments

Panchayats and municipalities have minimal involvement despite being close to affected
communities and natural ecosystems.

7. EIA Process Misuse

The Environmental Impact Assessment (EIA) process has been criticized for being rushed,
opaque, and manipulated in favor of industries.

Conclusion
The Environment (Protection) Act, 1986 is a landmark legislation that empowers the central
government to act decisively in the interest of environmental conservation. However, to
fulfill its potential, there is a need for greater transparency, public participation, strict
enforcement, and decentralization of environmental governance.
3. Role of Judicial Activism in Protection and Improvement of Environment in India
(With Case Laws – 13 Marks Answer)

Judicial activism has played a pivotal role in developing environmental jurisprudence in

India, especially through the interpretation of Article 21 of the Constitution, which guarantees
the Right to Life. The judiciary, especially the Supreme Court and High Courts, have taken
proactive steps in addressing environmental issues through Public Interest Litigations (PILs),
ensuring the enforcement of environmental laws, and evolving doctrines like polluter pays,
precautionary principle, and public trust doctrine.

1. Expansion of Article 21 – Right to Healthy Environment

The judiciary expanded the scope of Article 21 to include the right to live in a pollution-free
and healthy environment.

Case: M.C. Mehta v. Union of India (Oleum Gas Leak Case), AIR 1987 SC 1086

The Supreme Court held that industries engaged in hazardous activities owe absolute liability
for any damage caused.

Right to a pollution-free environment was recognized as part of Right to Life under Article
21.

2. Recognition of PIL as a Tool for Environmental Justice

PILs have enabled citizens and activists to seek judicial remedies for environmental
degradation even without being directly affected.

Case: Rural Litigation and Entitlement Kendra v. State of U.P. (1985)

The Supreme Court ordered the closure of limestone quarries in the Mussoorie hills to
prevent ecological imbalance.

This case marked the beginning of environmental PILs in India.

3. Adoption of Sustainable Development and Precautionary Principle

The judiciary adopted and applied international environmental principles in Indian context.

Case: Vellore Citizens Welfare Forum v. Union of India (1996)

Introduced the Precautionary Principle and Polluter Pays Principle.

The Court emphasized the need for sustainable development.

4. Public Trust Doctrine

The Court held that the government is a trustee of all natural resources.

Case: M.C. Mehta v. Kamal Nath (1996)

Span Motels (owned by Kamal Nath’s family) had altered the course of the Beas river.

The Court applied the Public Trust Doctrine and held that natural resources are not private
property and must be protected for public use.

5. Industrial Relocation and Use of Clean Fuels

The judiciary directed polluting industries to shift or adopt cleaner technologies.

Case: Taj Trapezium Case (M.C. Mehta v. Union of India)

The Supreme Court ordered closure or relocation of industries near the Taj Mahal.

Directed the use of CNG instead of coal or coke to protect the monument and reduce air
pollution.

6. River Pollution Control

The judiciary intervened to control water pollution in major rivers.

Case: Ganga Pollution Case (M.C. Mehta v. Union of India)

The Court passed multiple directions to close down tanneries and industries discharging
pollutants into the Ganga river.

7. Right Against Passive Smoking

The judiciary upheld the right to clean air in public places.

Case: Murli Deora v. Union of India (2001)

The Supreme Court banned smoking in public places, stating it violates non-smokers’ right to
clean air under Article 21.

8. Municipal Accountability and Clean Environment

The courts directed local bodies to maintain hygiene and cleanliness.

Case: L.K. Koolwal v. State of Rajasthan (1988)

The Rajasthan High Court held that sanitation is part of Article 21, and imposed
responsibility on municipal authorities.

Conclusion
Judicial activism in India has strengthened environmental governance, filled legislative gaps,
and empowered citizens. By interpreting the Constitution dynamically and using PILs as a
tool, the Indian judiciary has transformed environmental protection from a policy choice into
a legal obligation. However, the effectiveness depends on implementation by administrative
authorities and continued public engagement.

4. Constitutional Provisions Related to Protection of Environment

(13 Marks Answer with Case Laws)

The Indian Constitution, though originally silent on environmental protection, now contains
specific provisions following the 42nd Amendment Act, 1976. The Indian judiciary has also
played a crucial role in interpreting these provisions broadly, especially Article 21, to ensure
a clean and healthy environment for all.

1. Article 21 – Right to Life

Guarantees the right to life and personal liberty.

Interpreted by courts to include the right to a pollution-free environment, clean air, safe
drinking water, and healthy surroundings.

Case: M.C. Mehta v. Union of India (Oleum Gas Leak Case), AIR 1987 SC 1086

The Supreme Court held that the right to life includes the right to live in a pollution-free
environment.

It recognized absolute liability for hazardous industries.

2. Article 48-A – Directive Principle of State Policy

Inserted by the 42nd Amendment, it states:
“The State shall endeavor to protect and improve the environment and to safeguard the
forests and wildlife of the country.”

Case: Rural Litigation and Entitlement Kendra v. State of UP (1985)

The Supreme Court directed the closure of limestone quarries in Mussoorie to prevent
ecological degradation, in line with Article 48-A.

3. Article 51A(g) – Fundamental Duty of Citizens

Also added by the 42nd Amendment.

Imposes a duty on every citizen “to protect and improve the natural environment including
forests, lakes, rivers and wildlife, and to have compassion for living creatures.”

Case: L.K. Koolwal v. State of Rajasthan (1988)

The Rajasthan High Court held that Article 51A(g) gives the citizen a right to approach the
court for enforcement of the duty to protect the environment.

4. Article 14 – Right to Equality

Environmental decisions must not violate the right to equality.

Arbitrary grant of environmental clearances or unequal treatment to affected citizens can be

challenged.

Case: Vellore Citizens Welfare Forum v. Union of India (1996)

The court emphasized non-discriminatory access to clean environments and introduced the
polluter pays and precautionary principles.

5. Article 32 and 226 – Writ Jurisdiction

Enable citizens to approach the Supreme Court and High Courts respectively for enforcement
of fundamental rights, including environmental rights.

Case: M.C. Mehta v. Union of India (Ganga Pollution Case)

Filed under Article 32 as a Public Interest Litigation (PIL) to prevent pollution in the Ganga
River by industries.

6. Article 47 – Duty of the State to Improve Public Health

Imposes a responsibility on the State to improve nutrition, standard of living, and public
health.

These are essential components of environmental quality.

7. Articles 243G & 243W – Role of Panchayats and Municipalities

These Articles give power to local self-governments to deal with matters such as sanitation,
waste management, water supply, and protection of environment through the 11th and 12th
Schedules.

8. Preamble to the Constitution

The objectives of justice (social, economic, and political), liberty, and dignity are achievable
only in a clean and healthy environment.
Judicial Support for Constitutional Provisions
Case: Murli S. Deora v. Union of India (2001)

The Supreme Court banned smoking in public places, considering it a violation of Article 21.

Case: M.C. Mehta v. Kamal Nath (1996)

The Court applied the Public Trust Doctrine, declaring that natural resources are meant for
public use, and the State must act as a trustee.

Conclusion
The Indian Constitution provides a robust legal framework for environmental protection
through fundamental rights, DPSPs, and fundamental duties. Supported by progressive
judicial interpretations, these provisions ensure a balance between development and
ecological sustainability. The active role of judiciary in enforcing these rights and duties has
made environmental protection a fundamental aspect of Indian constitutional governance.

5. Definition of Water Pollution and Powers of Central Government to Prevent It

(13 Marks Answer)

Definition of Water Pollution

Water pollution refers to the contamination or alteration of the physical, chemical, or
biological properties of water, which makes it harmful or injurious to public health, aquatic
life, or the usability of water for various purposes like agriculture, industry, or domestic
needs.

As per the Water (Prevention and Control of Pollution) Act, 1974, water pollution is defined
as:

“The contamination of water or the alteration of the physical, chemical or biological

properties of water or the discharge of any sewage or trade effluent or any other liquid,
gaseous or solid substance into water… which may create a nuisance or render such water
harmful to public health or safety or to domestic, commercial, industrial, agricultural or other
legitimate uses.”

Sources of Water Pollution

(from the PDF)

Industrial discharge of harmful chemicals and untreated effluents.

Sewage and waste water from residential and commercial establishments.

Agricultural runoff containing fertilizers and pesticides.

Dumping of solid waste and plastics into water bodies.

Oil spills, thermal pollution, and illegal sand mining.

Powers of Central Government to Prevent Water Pollution

The Environment (Protection) Act, 1986 and the Water (Prevention and Control of Pollution)
Act, 1974 empower the Central Government with broad powers to prevent and control water
pollution. Key powers include:

1. Laying Down Standards

The Central Government can prescribe standards for the quality of water, emission or
discharge of pollutants, and environmental safeguards for industries.

It can enforce limits on effluent discharge into water bodies.

2. Power to Issue Directions

Under Section 5 of the Environment Protection Act, 1986, the government has the authority
to issue written directions, including:

Closure or regulation of any industry or operation.

Stoppage or regulation of the supply of electricity or water to polluting units.

3. Establishment of Central Pollution Control Board (CPCB)
The Central Government constituted the CPCB under the Water Act, 1974.

Functions of CPCB:

Coordinating with State Boards.

Advising the government.

Laying down standards for treatment of water and effluents.

Monitoring and conducting research.

4. Power to Take Emergency Measures

In the case of accidental discharge or spillage, the government can take emergency steps to
prevent and mitigate pollution.

It can order clean-up, recovery of costs from polluters, and impose penalties.

5. Rule-making Authority
The Central Government can frame rules under both Environment Act and Water Act
regarding:

Prevention, control, and abatement of pollution.

Handling of hazardous waste.

Use and conservation of water resources.

6. Conducting Inspections and Investigations

The government and pollution control boards can:

Inspect premises, industrial units, and treatment plants.

Collect water samples for testing.

Analyze pollution levels and prosecute violators.

7. Environmental Clearance and EIA

Central Government mandates Environmental Impact Assessment (EIA) for large-scale
projects.

It ensures industries treat waste water before discharge and use proper technology to
minimize pollution.

Judicial Support
Case: Ganga Pollution Case – M.C. Mehta v. Union of India

The Supreme Court ordered closure of tanneries discharging effluents into the Ganga river.

Directed the use of primary treatment plants, reinforcing the government’s role in
enforcement.

Conclusion
Water pollution is a serious threat to public health, biodiversity, and ecological balance. The
Central Government, through its powers under various environmental laws, plays a crucial
role in regulating pollution, laying down standards, enforcing penalties, and protecting water
bodies from degradation. However, effective implementation, public awareness, and inter-
agency coordination are essential for long-term success.

6. Composition and Functions of the State Board under the Air (Prevention and
Control of Pollution) Act, 1981
(13 Marks Answer)

Introduction
The Air (Prevention and Control of Pollution) Act, 1981 is a vital legislation for controlling
and preventing air pollution in India. Under this Act, both Central and State Pollution Control
Boards are established. While the Central Board sets national policies and standards, the State
Boards are responsible for enforcement at the state level.

Composition of the State Pollution Control Board

As per the Air Act, 1981, the State Pollution Control Board (SPCB) consists of the following
members:

Chairman

Nominated by the State Government.

Must have special knowledge or practical experience in environmental protection, or be an

administrative expert.

May be full-time or part-time.

Officials from the State Government

Up to 5 members nominated from various departments like environment, industry,

agriculture, and public health.

Non-official Members

Up to 5 members nominated from local authorities, companies, or organizations representing

agriculture, fishery, trade, or industry.

Representatives from Local Authorities

Two members nominated by the State Government to represent municipalities or local

bodies.

Member Secretary
Appointed by the State Government.

Should be a person with qualifications and experience in scientific, engineering, or

management aspects of pollution control.

Functions of the State Pollution Control Board

The key functions of the SPCB as outlined in the Air Act, 1981 are:

1. Implementation of the Air Act

To plan and execute programs for the prevention, control, and abatement of air pollution in
the state.

2. Advice to the State Government

To advise the State Government on matters related to air quality improvement and pollution
control strategies.

3. Inspection and Monitoring

To inspect air pollution control areas and assess the level of pollutants.

Conduct surveys and sample collection from industrial units and other polluting sources.

4. Setting Emission Standards

To lay down standards for emission of air pollutants from industrial plants, vehicles, and
other sources in the state.

5. Issuing Consents to Industries

To grant or reject consent for the establishment and operation of industries in air pollution
control areas.

Industries must seek SPCB approval before operating.

6. Promotion of Clean Technology

To encourage and promote cleaner technologies and pollution prevention practices.
Disseminate information about methods to reduce air pollution.

7. Conducting Research and Awareness

To conduct and sponsor research on air pollution issues.

To promote environmental awareness among the public through education and outreach
programs.

8. Maintaining Records and Reports

Maintain and publish data on air quality, pollution levels, and compliance reports from
industries.

Submit annual reports to the State Government and Central Board.

9. Power to Take Legal Action

Initiate legal proceedings against polluting industries.

Can order closure, suspension, or regulation of activities of non-compliant units.

Judicial Support Example

Case: M.C. Mehta v. Union of India (Taj Trapezium Case)

The State Boards were directed to regulate air pollution near the Taj Mahal, ensuring
industries either shift to clean fuels (CNG) or relocate.

Conclusion
The State Pollution Control Boards play a crucial role in controlling air pollution at the
regional level. Through their regulatory powers, monitoring duties, and enforcement
mechanisms, they ensure that industries comply with emission norms and contribute to a
healthier environment. Their effective functioning is key to the success of India's air pollution
control framework.
7. Short Note on Greenhouse Effect and Global Warming
(13 Marks Answer)

1. Introduction
The Greenhouse Effect and Global Warming are among the most pressing environmental
challenges facing the world today. They are closely interlinked phenomena that have
significant impacts on climate patterns, sea levels, agriculture, and biodiversity.

2. What is the Greenhouse Effect?

The Greenhouse Effect is a natural phenomenon in which certain gases in the Earth's
atmosphere trap heat radiated from the Earth’s surface, thereby warming the planet. Without
this effect, the Earth’s average temperature would be too cold to support life.

Greenhouse Gases Include:

Carbon dioxide (CO₂)

Methane (CH₄)

Nitrous oxide (N₂O)

Ozone (O₃)

Water vapor

Chlorofluorocarbons (CFCs)

These gases allow sunlight to enter the atmosphere but trap the heat that would otherwise
escape back into space — much like the glass of a greenhouse, hence the name.

3. What is Global Warming?

Global Warming refers to the long-term increase in Earth’s average surface temperature due
to excessive accumulation of greenhouse gases. It is a major consequence of the enhanced
greenhouse effect, primarily caused by human activities.
Main Causes:
Burning of fossil fuels (coal, oil, gas)

Deforestation

Industrial emissions

Agricultural activities (methane from livestock)

Excessive use of vehicles

4. Effects of Global Warming

According to your PDF:

Rise in Sea Levels due to melting of glaciers and polar ice caps.

Extreme Weather Events such as floods, droughts, cyclones, and heatwaves.

Loss of Biodiversity and extinction of species due to habitat changes.

Changes in Agricultural Patterns, affecting food security.

Ocean Acidification due to increased CO₂ absorption.

Health Hazards such as spread of vector-borne diseases and heat stress.

5. International Response
To combat global warming, several international treaties and protocols have been initiated:

Kyoto Protocol (1997): Legally binding emission reduction targets for developed countries.

Paris Agreement (2015): A global pact to limit temperature rise to below 2°C, with efforts to
stay within 1.5°C.

UNFCCC (1992): Framework to address climate change and reduce greenhouse gas
concentrations.

6. Role of India and the Judiciary

India is a signatory to major climate change agreements like the UNFCCC and Kyoto
Protocol.

The Indian judiciary, through Public Interest Litigations (PILs) and Article 21 of the
Constitution, has upheld the right to a healthy environment.

Example: In the Taj Trapezium Case, the Supreme Court took steps to control air pollution to
protect the Taj Mahal, linking air pollution to environmental damage and public health.

7. Conclusion
The Greenhouse Effect, while a natural process, has been amplified by human activities,
leading to Global Warming and climate change. Urgent steps are needed to reduce emissions,
shift to renewable energy, promote afforestation, and enforce environmental laws to protect
the planet for future generations.