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UPSC Prelims 2019 Q58: Environment & Ecology – Environmental Governance & Legislation

UPSC Prelims 2019, General Studies Paper I · Environment & Ecology

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?
  1. (a) 1 only
  2. (b) 2 only
  3. (c) Both 1 and 2
  4. (d) Neither 1 nor 2

Answer: (b) 2 only

Explanation

Environment (Protection) Act, 1986: Powers of Central Govt

StatementClaimVerdictDetail
1EPA empowers govt to require public participation in EIA procedureFALSEEPA 1986 itself does not explicitly mandate public participation procedure in its text - public consultation is prescribed through the EIA Notification 2006 issued under EPA, but the EPA statute itself is about pollution standards and powers. UPSC treated this statement as not directly derivable from EPA.
2EPA empowers govt to lay down emission/discharge standardsTRUESection 3 and 6 of EPA 1986 explicitly empower the Central Government to set standards for emission or discharge of environmental pollutants from various sources.

Only statement 2 is correct. Answer: (b) 2 only.

Answer: (b) 2 only.

Why each option is right or wrong

Key point

EPA 1986 Section 3 & 6 = Centre's power to set emission/discharge standards. Public participation in EIA is via EIA Notification 2006 (subordinate legislation under EPA).

Remember

Only statement 2 is correct. The Environment (Protection) Act 1986 empowers the Government of India to lay down standards for emission or discharge of environmental pollutants from various sources (Sections 3 and 6). Public participation in environmental clearance is prescribed via subsidiary EIA notifications, not directly by the EPA statute text.

Common mistakes

Exam tip

EPA 1986 powers: (i) Set emission/discharge standards (Section 3, 6). (ii) Restrict industries/operations (Section 3). (iii) Take samples (Section 11). (iv) Issue directions to close industries (Section 5). (v) Penalties (Section 15-16). Umbrella law - most other env rules/notifications flow from it.

Sources

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