Question map
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
Full viewThis 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 Act’s 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 Act’s 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 Centre’s authority under the Act to issue direct orders and regulatory measures, indicating ability to mandate procedures like public hearings.
- Shows the Ministry under the Environment (Protection) Act issued the EIA Notification 2002 which contained rules on public hearings (public participation).
- Specifies changes to the public hearing period and exemptions from public scrutiny — a direct example of the Government prescribing public-participation procedure.
- Describes the EPA as an enabling law that delegates wide powers to the executive to make rules and manage different issues.
- States the Centre was given authority to issue direct orders to regulate or close industries, implying rule-making power over procedural matters.
- Notes that under the Environment (Protection) Act the Government issued a number of notifications related to Environmental Impact Assessment.
- Links the EPA to administrative instruments (notifications) that govern processes like EIA where public participation is arranged.
- Explicitly lists as a main function: laying down standards for emission and discharge of pollutants.
- Also groups this with laying down standards for environmental quality, showing statutory standard-setting power.
- Describes the Act as empowering the Central Government to take all appropriate measures to prevent and control pollution.
- Frames the Act as a broad, enabling national law rooted in constitutional duties, supporting central authority to set standards.
- Notes delegation under Section 5 to authorities (NCZMA, SCZMA) to take measures for protecting and improving coastal environment.
- Shows the Act authorises the Centre to delegate and enforce area-specific pollution control measures, consistent with setting standards.
- [THE VERDICT]: Sitter. Direct coverage in Shankar IAS (Chapters 5 & 7) and Spectrum (Environmental Legislation).
- [THE CONCEPTUAL TRIGGER]: Environmental Laws > The Environment (Protection) Act, 1986 > Powers of the Central Government.
- [THE HORIZONTAL EXPANSION]: Memorize what else hangs on the EPA 'hook': 1) Genetic Engineering Appraisal Committee (GEAC), 2) Coastal Regulation Zone (CRZ) norms, 3) Eco-Sensitive Zones (ESZs), 4) Central Ground Water Authority (CGWA). Contrast this with bodies under Wildlife Protection Act (NBWL) or Biodiversity Act (NBA).
- [THE STRATEGIC METACOGNITION]: Do not just read the Act's definition. Map the 'Derivative Powers'. Ask: 'Which famous rules/notifications are issued under this Act?' Since EIA is issued under EPA, and EIA requires public hearings, the EPA logically empowers public participation.
The Act grants the Central Government broad authority to take measures and make rules for environmental protection, which is the legal basis for requiring processes such as public participation.
High-yield for questions on central versus state powers and the legal basis for environmental governance; links to constitutional directives on environment and administrative rulemaking. Understanding this enables answering questions on how policies (notifications, rules) are legally promulgated and enforced.
- Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 5: Environmental Pollution > 5.3. ENVIRONMENT (PRoTECTIetr) > p. 72
- Rajiv Ahir. A Brief History of Modern India (2019 ed.). SPECTRUM. > Chapter 39: After Nehru... > Environmental Legislation > p. 725
The EIA Notification issued under the Act includes public hearing/public scrutiny provisions, demonstrating how the Act is used to operationalize public participation.
Critical for questions on environmental impact assessment, procedural safeguards, and public consultation in project approvals; connects law, administrative procedure, and civil society participation in governance.
- Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 7: Environmental Impact Assessment > Environment Impact Assessment (EIA) Notification zooz > p. 131
The Act enables delegation (e.g., Section 5 authorities) and creation of institutions empowered to take measures for protection and control, which can include participatory processes.
Useful for questions on institutional architecture (central ministries, statutory authorities) and how enforcement mechanisms are designed to include or exclude public inputs; helps analyse policy implementation and administrative design.
- Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 4: Aquatic Ecosystem > 4.r:2. 4. Institutions for Coastal Management > p. 57
- Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 5: Environmental Pollution > 5.3. ENVIRONMENT (PRoTECTIetr) > p. 73
The Act functions as an enabling statute that gives the executive broad authority to make rules, notifications and orders for environmental regulation.
High-yield for UPSC because it explains how primary legislation delegates detailed procedural design to the executive; connects constitutional administrative law with environmental governance and helps answer questions on delegated legislation, rule-making limits, and executive accountability.
- Rajiv Ahir. A Brief History of Modern India (2019 ed.). SPECTRUM. > Chapter 39: After Nehru... > Environmental Legislation > p. 725
- Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 5: Environmental Pollution > 5.3. ENVIRONMENT (PRoTECTIetr) > p. 72
EIA Notifications issued under the Act contain explicit provisions on public hearings and public scrutiny timelines, showing how public participation is operationalised.
Important for policy and governance questions: mastering EIA mechanics helps answer questions on environmental assessment, stakeholder consultation, and regulatory change; links to topics like environmental impact, procedural safeguards and implementation.
- Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 7: Environmental Impact Assessment > Environment Impact Assessment (EIA) Notification zooz > p. 131
- Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 7: Environmental Impact Assessment > 7.1.INDIAN POLICIES REQUIRING EIA > p. 128
Section 5 authorises creation/delegation to bodies (e.g., NCZMA/SCZMA) with powers to take measures for environmental protection at coastal and local levels.
Useful for questions on institutional arrangements and decentralised enforcement in environmental law; shows how central rule-making interfaces with state/local authorities and implementation mechanisms.
- Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 4: Aquatic Ecosystem > 4.r:2. 4. Institutions for Coastal Management > p. 57
The Act includes laying down standards for emission and discharge of pollutants as one of its main functions.
High-yield for law and environment questions: directly tests whether EPA confers normative standard-setting authority to the Centre. Connects to pollution-control rules, notifications and inter-play with sectoral laws (water, air). Useful for questions on central regulatory competence and environmental governance.
- Environment and Ecology, Majid Hussain (Access publishing 3rd ed.) > Chapter 5: Biodiversity and Legislations > Environmental Protection act, 1982 > p. 15
- Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 5: Environmental Pollution > 5.3. ENVIRONMENT (PRoTECTIetr) > p. 72
The 'Eco-Sensitive Zones' (ESZs) around National Parks are notified under the Environment (Protection) Act, 1986, NOT the Wildlife Protection Act, 1972. This is a frequent trap. Also, the Central Ground Water Authority (CGWA) is constituted under Section 3(3) of the EPA.
Use the 'Umbrella Logic'. The EPA was enacted after the Bhopal Gas Tragedy to plug gaps in specific laws (Water/Air Acts). Therefore, its powers are designed to be *comprehensive* and *residual*. Statement 2 (setting standards) is the most basic function of a protection act. Statement 1 (public participation) is a procedural necessity for 'protection'. In modern law, you cannot 'protect' without 'process'. Both are broadly positive enabling provisions.
Link to GS-2 (Polity - Delegated Legislation). The EPA is a prime example of 'Skeleton Legislation' where Parliament gives broad powers to the Executive (MoEFCC) to frame detailed rules (like EIA 2006/2020) without going back to Parliament.