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Consider the following statements : The Environment Protection Act, 1986 empowers the Government of India to 1. state the requirement of public participation in the process of environmental protection, and the procedure and manner in which it is sought 2. lay down the standards for emission or discharge of environmental pollutants from various sources Which of the statements given above is/are correct?
Explanation
The correct answer is option B (statement 2 only).
The Environment Protection Act, 1986 empowers the government to lay down standards for emission and discharge of pollutants[1], making statement 2 correct. The EPA gave authority to the Centre to issue direct orders to close, prohibit or regulate any industry, and as an enabling law, it delegates wide powers to the executive, allowing it to make rules to manage different issues[2].
However, statement 1 is incorrect because the Act itself does not explicitly empower the government to state requirements for public participation in environmental protection processes. While public participation features in subsequent notifications like the EIA Notification (where provisions include reduction in the public hearing period from 30 to 20 days[3]), this is not a direct empowerment under the original EPA 1986. The Act primarily focuses on pollution control standards, regulatory powers, and enforcement mechanisms rather than mandating public participation procedures.
Sources- [1] Environment and Ecology, Majid Hussain (Access publishing 3rd ed.) > Chapter 5: Biodiversity and Legislations > Environmental Protection act, 1982 > p. 15
- [2] Rajiv Ahir. A Brief History of Modern India (2019 ed.). SPECTRUM. > Chapter 39: After Nehru... > Environmental Legislation > p. 725
- [3] Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 7: Environmental Impact Assessment > Environment Impact Assessment (EIA) Notification zooz > p. 131
PROVENANCE & STUDY PATTERN
Guest previewThis is a classic 'Scope of Legislation' question found in every standard ecology textbook (Shankar, Majid Hussain). It tests if you understand the EPA, 1986 as an 'Umbrella Act' that authorizes major notifications like EIA and CRZ. If you knew EIA (which mandates public hearings) comes under EPA, Statement 1 was automatic.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Does the Environment (Protection) Act, 1986 empower the Government of India to require public participation in the process of environmental protection?
- Statement 2: Does the Environment (Protection) Act, 1986 empower the Government of India to prescribe the procedure and manner for seeking public participation in environmental protection?
- Statement 3: Does the Environment (Protection) Act, 1986 empower the Government of India to lay down standards for the emission or discharge of environmental pollutants from various sources?
- Specifies that the Environment (Protection) Act was the legal basis for the EIA Notification which contains provisions for public hearings (a form of public participation).
- Mentions changes to the public hearing/public scrutiny process implemented under notifications issued under the Act, showing the Actâs use to regulate public participation mechanisms.
- States that the Act empowers the Central Government to take 'all appropriate measures' to prevent and control environmental pollution, implying authority to create participatory measures.
- Links the Actâs genesis to constitutional environmental duties, supporting broad remedial powers for the Centre relevant to public engagement.
- Describes the Act as an enabling law that delegates wide powers to the executive to make rules to manage environmental issues, which is the route used to require or structure public participation.
- Notes the Centreâs authority under the Act to issue direct orders and regulatory measures, indicating ability to mandate procedures like public hearings.
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