UPSC IAS - 2019
Consider the following statements: The Environment Protection Act, 1986 empowers the Government of India to I. State the requirement of public participation in the process of environmental protection, and the procedure and manner in which it is sought. II. Lay down the standards for emission or discharge of environmental pollutants from various sources Which of the statements given above is/are correct?
Year Asked: 2019
Correct Answer
B. 2 only
Detailed Explanation
Statement II is correct and statement I is not, so the answer is B. Section 3(2)(v) of the Environment (Protection) Act, 1986 empowers the Central Government to lay down standards for emission or discharge of environmental pollutants from various sources. These standards are notified under the Environment (Protection) Rules, 1986, and they form the basis on which the CPCB and SPCBs enforce limits.
Statement I is wrong because the Act says nothing about public participation. Its powers cover coordination, standard-setting, inspection, sampling and penalties. The public consultation requirement comes from subordinate instruments, chiefly the EIA Notification, 2006, which mandates public hearings for specified projects. The 2020 EIA Notification, which replaced it, retains a public consultation stage, though the procedure has been revised.
Core concept: the EPA is an umbrella, enabling law. Its powers are framed broadly, and rules and notifications fill in the detail. This links to Mains GS-III on environmental governance and the gap between enabling law and implementation.
Trap: aspirants see "public participation" and assume it must be in the parent Act, because EIA public hearings are so prominent. Always check the source of the power, not the popularity of the process.
This question appeared in UPSC Prelims 2019 GS Paper-1.
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