1. Discuss the powers of central government under environment protection act.
General Powers of the Central Government under Environment Protection Act
- Sections 3 to 6 of the Environment (Protection) Act Deal with the general powers of the Central Government, which can be discussed under the following four heads:
- Powers to take measures to protect and improve the environment
- Power to appoint Officers
- Power to Give Directions
- Power to make Rules to regulate environmental pollution.
Power to Take Measures to Protect and Improve the Environment (Section 3)
Under Section 3 of the Environment (Protection) Act, 1986, there are three sub-sections — Section 3(1), Section 3(2), and Section 3(3) — each defining a specific scope of the Central Government’s powers.
Here’s a concise breakdown:
1. Section 3(1): General Power to Take Measures
Grants the Central Government broad authority to take all necessary or expedient measures for protecting and improving the environment and preventing, controlling, and abating pollution.
- Section 3(1): Empowers the Central Government to take all measures it deems necessary or expedient for protecting and improving the quality of the environment and preventing, controlling and abating pollution.
- This includes setting environmental standards, coordinating actions among various agencies, and laying down procedures for handling hazardous substances.
Supreme Court Cases:
- Vellore Citizens Welfare Forum v. Union of India (1996): The Supreme Court recognized the Central Government's proactive role in environmental protection, emphasizing the "polluter pays" principle and the need for sustainable development.
- MC Mehta v. Union of India (Taj Trapezium Case, 1997): The Court directed the government to take strict measures to protect the Taj Mahal from pollution, reinforcing its powers under Section 3.
Guidelines:
- The Supreme Court has frequently directed the Central Government to implement remedial measures and frame policies in environmental matters, such as CNG conversion in Delhi (MC Mehta v. Union of India, Air Pollution Case).
2. Section 3(2): Specific Measures (14 Clauses)
- Elaborates particular actions the government may take, such as setting environmental quality standards, regulating hazardous substances, research and inspection, coordination, and other related matters (14 listed points).
- Under Section 3(2) of the Environment (Protection) Act, 1986, the Central Government is empowered to take various measures to protect and improve environmental quality and to prevent, control, or abate pollution. These measures are enumerated in 14 specific points, summarized below:
1. Standards of Environmental Quality:
Laying down standards for the quality of air, water, and soil for various areas and purposes.
2. Maximum Pollutant Limits:
Specifying the maximum allowable limits for environmental pollutants (including noise) in different regions.
3. Handling Hazardous Substances:
Establishing procedures and safeguards for the safe handling of hazardous materials.
4. Prohibition of Hazardous Handling:
Restricting or prohibiting the handling of hazardous substances in sensitive or designated areas.
5. Regulation of Industrial Locations:
Restricting the location of industries and regulating industrial operations in certain geographical zones.
6. Prevention of Accidents:
Setting up procedures and safeguards to prevent accidents that might cause environmental pollution, and providing for remedial measures.
7. Coordination Among Authorities:
Coordinating the actions of state governments, authorities, and officers working under different environmental laws.
8. Environmental Research:
Carrying out or sponsoring investigations and research on environmental pollution-related problems.
9. Inspection Powers:
Inspecting premises, plants, equipment, machinery, manufacturing processes, or materials that may cause environmental harm.
10. Establishment of Laboratories:
Establishing or recognizing environmental laboratories and research institutions to analyze environmental samples.
11. Information and Data Collection:
Collecting and disseminating environmental information to promote awareness and transparency.
12. Preparation of Codes and Manuals:
Preparing manuals, codes, and guides related to environmental pollution prevention and control.
13. Constitution of Authorities:
Establishing specialized authorities or agencies to exercise delegated powers and perform government-assigned functions.
14. Miscellaneous Measures:
Undertaking such other actions as the central government deems necessary for protecting and improving the environment.
3. Section 3(3): Establishment of Authorities
Authorizes the Central Government to constitute authorities or agencies by notification with powers and responsibilities to exercise and perform functions under the Act on its behalf.
Therefore, Section 3 has a total of 3 sub-sections (3(1), 3(2), and 3(3)).
Power to Appoint Officers (Section 4)
- The Central Government may appoint officers with powers to implement the provisions of this Act, including inspection, enforcement, and information gathering.
Supreme Court Cases:
- T.N. Godavarman Thirumulpad v. Union of India (1997 & subsequent orders): The Supreme Court ordered Central Government agencies (e.g., MoEF officials) to oversee environmental compliance, showing the importance of Section 4 appointments.
- This power ensures specialized and accountable enforcement.
Power to Give Directions (Section 5)
- The Central Government may issue written directions to any person, officer, or authority for enforcing the Act. This includes ordering closures, regulation of operation, or prohibition of industrial activities that may harm the environment.
Supreme Court Cases:
- MC Mehta v. Union of India (Oleum Gas Leak Case, 1986): The Supreme Court affirmed the government's power to order industrial closures or enforce safety measures.
- Sterlite Industries (India) Ltd. v. Union of India (2013): The Court upheld closure directions issued by the Central Government under Section 5, due to environmental harm.
- Guidelines:
- The Supreme Court has emphasized regular inspections and swift compliance with government directions.
Power to Make Rules to Regulate Environmental Pollution (Section 6)
Section 6 of the Environment (Protection) Act, 1986, provides for the power of the Central Government to make rules to regulate environmental pollution, specifically detailed in sub-sections (a) to (f). Here is a brief explanation of each :
(a) Standards for Environmental Quality:
The Central Government may set standards for the quality of air, water, and soil for various areas and purposes.
(b) Maximum Allowable Pollutant Limits:
It may specify the maximum allowable concentration of different environmental pollutants (including noise) in certain areas.
(c) Procedures for Handling Hazardous Substances:
Establishing procedures and safeguards for handling hazardous substances to prevent environmental accidents and pollution.
(d) Prohibiting/Restricting Location of Industries:
It can prohibit or restrict the location of industries and operations, or the carrying out of certain processes, in specific areas.
(e) Procedures for Preventing Accidents:
It may lay down procedures and safeguards for the prevention of accidents that might cause environmental pollution, and for remedial measures in case of such accidents.
(f) Any Other Necessary Measures:
The Government is empowered to make any other rules it considers necessary for environmental protection.
Supreme Court Cases:
- While this is primarily a legislative function, the Supreme Court in Indian Council for Enviro-Legal Action v. Union of India (1996) directed the government to ensure strict compliance and raised the standard to judicial scrutiny.
- Guidelines:
- The Court has specified that such rules must be periodically updated to reflect scientific advancements and public health needs.
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