Question map
Which one of the following has been constituted under the Environment (Protection) Act, 1986?
Explanation
The correct answer is Option 3: Central Ground Water Authority (CGWA).
The Central Ground Water Authority (CGWA) was constituted under Section 3(3) of the Environment (Protection) Act, 1986. This was done following a mandate from the Supreme Court in the M.C. Mehta vs. Union of India case to regulate and control groundwater development and management in the country.
The other options are incorrect based on their statutory origins:
- Central Water Commission (CWC): An attached office of the Ministry of Jal Shakti, established through executive action in 1945.
- Central Ground Water Board (CGWB): A subordinate office under the Ministry of Jal Shakti, established in 1970 for scientific surveys. While CGWA is often staffed by CGWB, the legal "Authority" specifically flows from the 1986 Act.
- National Water Development Agency (NWDA): A registered society established in 1982 to study inter-basin water transfers.
Thus, only the CGWA possesses the statutory backing of the Environment (Protection) Act, 1986.
PROVENANCE & STUDY PATTERN
Full viewThis is a classic 'Sitter' from standard static books (Shankar/Singhania). The question tests the fundamental distinction between a scientific department (Board) and a regulatory body (Authority). If you missed this, your static notes on Environmental Legislation are incomplete.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Was the Central Water Commission constituted under the Environment (Protection) Act, 1986?
- Statement 2: Was the Central Ground Water Board constituted under the Environment (Protection) Act, 1986?
- Statement 3: Was the Central Ground Water Authority constituted under the Environment (Protection) Act, 1986?
- Statement 4: Was the National Water Development Agency constituted under the Environment (Protection) Act, 1986?
- Explicitly states that the Central Ground Water Authority (CGWA) was set up under the Environment (Protection) Act, 1986 β showing that the Act was used to constitute groundwater authorities, not necessarily the CWC.
- By naming CGWA as constituted under the Act, the passage distinguishes which water bodies were created under the Act, implying CWC is not the authority referenced as being set up under this Act.
- Identifies the Central Water Commission (CWC) as the agency that manages surface water, separate from groundwater authorities.
- Shows institutional separation between CWC (surface water) and CGWB/CGWA (groundwater), supporting that CWC is a distinct body not described as constituted under the Environment (Protection) Act in these passages.
Gives an example of a water-related authority (Central Ground Water Authority) that was explicitly set up in 1997 under the Environment (Protection) Act, 1986.
A student could note that EPA has been used to create water-management authorities and therefore check whether CWC was similarly constituted under EPA or under a different statute/administrative order.
Statements include an explicit claim that CGWA was formed under the Environment (Protection) Act, reinforcing that EPA has been used to form central groundwater bodies.
Use this pattern to contrast CGWA's legal origin with CWCβs origin (look up CWCβs founding statute/administrative order) to test the statement.
Explains that the Environment (Protection) Act empowers the Central Government to take measures and establish effective machinery to protect and improve the environment.
From this general power, a student could infer EPA is a plausible legal basis for creating bodies like CWC and then verify whether CWC was in fact constituted under EPA or under other water-sector laws.
Lists specific powers under EPA (e.g., establishing machinery, issuing directions), indicating the Act's practical use to create authorities and issue regulatory directions.
Given these powers, a student could investigate whether CWCβs mandate and powers match EPA-style directions or instead derive from earlier water-sector legislation or ministry orders.
Shows that other central water-related bodies (Central Water Pollution Control Board) were established under earlier acts (Water (Prevention and Control of Pollution) Act, 1974), illustrating that water institutions can be constituted under different statutes.
A student could use this contrast to reason that CWC might have been constituted under an older, sector-specific law (or ministry resolution) rather than under the EPA, and thus check CWCβs founding instrument.
- Explicitly states the Central Government 'had constituted the Central Ground Water Board as Authority' by a notification to exercise powers under section 3(3) of the Environment (Protection) Act.
- Directly ties the constitution of the Board/Authority to a notification invoking powers under the Act.
- Identifies the Central Ground Water Board (CGWB) as the national apex agency responsible for groundwater management.
- Provides context that CGWB is the body being referred to in the constitution/notification described in other passages.
This snippet (about CGWA) states it was set up in 1997 under the Environment (Protection) Act, 1986 β an example claim that such bodies can be/are created under the Act.
A student could check official government notifications (gazette/date of constitution) or compare with other bodies known to be created under the Act to verify the instrument used.
This source lists as a curricular statement that 'CGWA was formed under the Environment (Protection) Act', showing the claim appears in study materials as an asserted fact.
Use this as a lead to search primary legal sources (the Act's provisions, Section references, or the CGWA founding notification) to confirm or refute.
Explains the Environment (Protection) Act empowers the Central Government to establish 'effective machinery' for protection and to take measures β a general rule enabling creation of authorities.
A student could infer that if the Act authorises creating machinery, bodies like CGWB/CGWA might be constituted under it and then seek the specific notification/legal basis.
Gives examples of actions taken under Section 5 of the Environment (Protection) Act (issuing directions), showing the Act is used to issue enforceable directions and administrative measures.
From this pattern, a student could look for notifications or directions under Section 5 or related sections that specifically establish or empower the groundwater authority.
Notes the Government issued a number of notifications under the Environment (Protection) Act (e.g., relating to EIA), illustrating the Act's use to create rules/notifications.
A student could search the list of notifications under the Act (post-1986) to find any that create or refer to CGWA/CGWB.
- Direct statement that CGWA was set up in 1997 under the Environment (Protection) Act, 1986.
- Specifies the purpose: to regulate and control development and management of ground water resources.
- Notes that institutional mechanisms (like coastal authorities) have powers delegated under Section 5 of the Environment (Protection) Act, 1986.
- Supports the general practice of constituting regulatory authorities under the Act, consistent with CGWA's legal basis.
Gives a concrete precedent: the Central Ground Water Authority was set up in 1997 under the Environment (Protection) Act, 1986 to regulate groundwater.
A student could note that EPA has been used to create waterβregulatory bodies and check if NWDA's constitution date/mandate matches this pattern or appears in EPA notifications.
Shows another example: the National Ganga River Basin Authority was constituted (in 2009) under the Environment (Protection) Act.
Use this pattern to infer that river/riverβbasin/water authorities have been created under the EPA and then look up whether NWDA was similarly notified under the Act.
Explains that coastal management authorities were delegated powers under Section 5 of the Environment (Protection) Act, indicating the Act can both create authorities and confer powers.
A student could check whether NWDA's legal basis is a creation/notification under Section 3/5 of the EPA or whether it arose under a different Ministry/Act.
Mentions issuance of directions and actions under Section 5 of the Environment (Protection) Act for water quality control, showing the Act's active use in water-related regulation.
Combine this with knowledge that NWDA deals with water development to investigate whether NWDA was established via EPA powers or through separate water policy/institutional routes.
States the Environment (Protection) Act, 1986 is the legislative basis for later notifications and measures (including EIA-related notifications).
A student could use this to focus searches on EPA notifications/records (post-1986) to see if NWDA appears among bodies constituted under that Act.
- [THE VERDICT]: Sitter. Directly available in standard texts like Shankar IAS (Chapter on Environmental Organizations) and Nitin Singhania (Irrigation chapter).
- [THE CONCEPTUAL TRIGGER]: Environmental Legislation & Statutory Bodies. Specifically, the enforcement machinery created under the Environment (Protection) Act, 1986.
- [THE HORIZONTAL EXPANSION]: Map other bodies to their Acts: CPCB (Water Act 1974), NTCA (WPA 1972), NBA (Biodiversity Act 2002), GEAC (EPA 1986), Coastal Zone Management Authorities (EPA 1986), Animal Welfare Board (PCA Act 1960).
- [THE STRATEGIC METACOGNITION]: Never read an institution's name without asking for its 'Birth Certificate': Is it Statutory? If yes, which Act? Is it an attached office? The confusion between CGWB (Scientific/Executive) and CGWA (Regulatory/Statutory) is a known UPSC trap.
CGWA was set up in 1997 under the Environment (Protection) Act, 1986 and regulates groundwater management.
High-yield for questions distinguishing agencies: aspirants must recognize which water-related bodies were created under the EP Act versus other statutes. This links to governance of water resources, regulatory authority structures, and central regulatory powers.
- Indian Economy, Nitin Singhania .(ed 2nd 2021-22) > Chapter 11: Irrigation in India > CENTRAL GROUND WATER AUTHORITY (CGWA) > p. 368
- Indian Economy, Nitin Singhania .(ed 2nd 2021-22) > Chapter 11: Irrigation in India > 2020 > p. 372
The Act empowers the Central Government to take measures and establish machinery to prevent, control and abate environmental pollution.
Crucial for legal/constitutional questions on environmental governance; helps answer which institutions the Centre can constitutionally notify and the scope of central directives versus state roles. It connects to EIA, hazardous substance controls and central regulatory notifications.
- Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 5: Environmental Pollution > 5.3. ENVIRONMENT (PRoTECTIetr) > p. 72
- Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 5: Environmental Pollution > 5.3. ENVIRONMENT (PRoTECTIetr) > p. 73
The Water Act 1974 authorises the Central Government to establish the Central Water Pollution Control Board and State Pollution Control Boards.
Important to separate statutory bases for water governance institutions; helps tackle questions contrasting CWC, CGWA, and pollution control boards and clarifies which law creates which body.
- Environment and Ecology, Majid Hussain (Access publishing 3rd ed.) > Chapter 5: Biodiversity and Legislations > water (Prevention and control of Pollution) act, 1974 > p. 14
CGWA was set up in 1997 under the Environment (Protection) Act, 1986 to regulate and control groundwater development and management.
High-yield for governance questions: examiners test which institutions were created under which Acts; knowing CGWA's statutory origin links groundwater regulation to environmental law and central regulatory powers. This aids answering questions on institutional mandates, legal origin, and regulatory authority.
- Indian Economy, Nitin Singhania .(ed 2nd 2021-22) > Chapter 11: Irrigation in India > CENTRAL GROUND WATER AUTHORITY (CGWA) > p. 368
- Indian Economy, Nitin Singhania .(ed 2nd 2021-22) > Chapter 11: Irrigation in India > 2020 > p. 372
The materials reference the Central Ground Water Authority (CGWA), not the Central Ground Water Board, highlighting potential confusion between similarly named institutions.
Important for precision in UPSC answers: many questions hinge on the exact institution (Authority vs Board) and its legal basis. Mastering name distinctions prevents factual errors in polity/environment questions and helps map functions to correct bodies.
- Indian Economy, Nitin Singhania .(ed 2nd 2021-22) > Chapter 11: Irrigation in India > CENTRAL GROUND WATER AUTHORITY (CGWA) > p. 368
The Act empowers the Central Government to take measures for environmental protection, including issuing directions and establishing regulatory mechanisms.
Core for environment polity questions: understanding the Act's central empowerment clarifies how central agencies/authorities are constituted, what powers they can exercise, and connects to notifications, directions under Section 5, and creation of bodies after Bhopal. This concept links legislation to institutional design and administrative action.
- Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 5: Environmental Pollution > 5.3. ENVIRONMENT (PRoTECTIetr) > p. 73
- Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 5: Environmental Pollution > 5.3. ENVIRONMENT (PRoTECTIetr) > p. 72
- Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 5: Environmental Pollution > S.4.3. Control Measures > p. 77
The Act provides the legal basis to create and empower central authorities for environmental regulation.
High-yield for GS Paper III and Environment: explains how statutory bodies with regulatory powers are formed and why central-level institutions have authority. Connects to topics on pollution control, notifications, and institutional frameworks; useful for questions asking which bodies are created under which Acts or how central powers are exercised.
- Indian Economy, Nitin Singhania .(ed 2nd 2021-22) > Chapter 11: Irrigation in India > CENTRAL GROUND WATER AUTHORITY (CGWA) > p. 368
- Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 4: Aquatic Ecosystem > 4.r:2. 4. Institutions for Coastal Management > p. 57
The Genetic Engineering Appraisal Committee (GEAC) is the other high-profile body constituted under the Environment (Protection) Act, 1986. Also, Eco-Sensitive Zones (ESZs) are notified under this same Act, despite not being 'bodies'.
Linguistic Logic: 'Commission' (CWC) and 'Agency' (NWDA) usually denote developmental or technical bodies. 'Authority' (CGWA) implies regulatory power (policing). The Environment (Protection) Act is a regulatory law. Therefore, the body created under it must be an 'Authority' designed to regulate/penalize, not just develop.
Connect to GS-3 (Water Resources): CGWA is the regulator that issues 'No Objection Certificates' (NOCs) for industrial groundwater extraction. Its guidelines are critical for managing India's 'Over-exploited' and 'Critical' assessment units.