UPSC Prelims 2019 Q58: Environment & Ecology – Environmental Governance & Legislation
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (b) 2 only
Explanation
Environment (Protection) Act, 1986: Powers of Central Govt
| Statement | Claim | Verdict | Detail |
|---|---|---|---|
| 1 | EPA empowers govt to require public participation in EIA procedure | FALSE | EPA 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. |
| 2 | EPA empowers govt to lay down emission/discharge standards | TRUE | Section 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
- (a) Incorrect. Statement 1 (public participation) is not directly a power under EPA text; it is via EIA Notification.
- (b) CORRECT. Section 3/6 of EPA 1986 empower the Central Government to lay down standards for emission or discharge of environmental pollutants.
- (c) Incorrect. Statement 1 is not a direct EPA power.
- (d) Incorrect. Statement 2 is a clear EPA power.
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
- Assuming EPA text includes public participation - it is via subordinate notifications.
- Confusing EPA (pollution standards, penalties) with the EIA Notification (public consultation process for projects).
- Not knowing EPA is the umbrella law under which most environmental rules and notifications are issued.
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
- Environment (Protection) Act, 1986 - Sections 3, 6
- MoEFCC - EIA Notification 2006 and amendments