Test: Emergence of Environmental Legislations in India - 1 - CLAT PG MCQ

The primary purpose of the Air (Prevention and Control of Pollution) Act, 1981, is to prevent, control, and reduce air pollution. This legislation is vital in managing air quality and establishing standards for pollutants, ensuring a healthier environment for all living beings. It reflects India's commitment to addressing air quality issues, especially following international environmental discussions.

The CPCB plays a significant role by providing technical assistance and guidance to State Boards, advising the Central Government on pollution matters, and coordinating activities among various state boards. This role is vital for creating a unified approach to water pollution prevention and control across the country. An interesting fact is that the CPCB also engages in public awareness campaigns to educate citizens about water pollution and its prevention.

The case of M.C. Mehta v Union of India highlighted the issue of acid rain caused by emissions of sulphur dioxide from industries, which was damaging to the Taj Mahal. This landmark ruling emphasized the need for stringent measures to control industrial emissions and protect heritage sites from environmental degradation.

Establishing national water quality standards is primarily a function of the Central Pollution Control Board (CPCB), not the State Pollution Control Board (SPCB). The SPCB focuses on regional pollution control measures, including local inspections and advice to state governments. This distinction emphasizes the hierarchical structure of pollution control in India.

The Central Pollution Control Board (CPCB) is designated as responsible for air pollution prevention and control under the Air (Prevention and Control of Pollution) Act, 1981. This board's establishment under the earlier Water Act allows it to utilize existing structures for effective air quality management, making it a cornerstone of India's environmental governance.

The Central Government has the authority to take over specific functions of a State Board if it believes that the State Board is failing to comply with directions from the Central Board, particularly in cases requiring immediate action to protect public interest. This provision ensures that there is a mechanism to address serious environmental emergencies effectively. An interesting fact is that this power helps maintain accountability among state-level authorities.

The CPCB is composed of a combination of a full-time chairman with expertise in the field, officials nominated by the Central Government, members from State Boards, and non-officials representing various interests. This diverse composition ensures that a variety of perspectives and expertise are brought to the table in addressing water pollution. An interesting aspect is that this structure promotes collaboration between different sectors to enhance environmental governance.

Water pollution is primarily caused by untreated industrial effluents and domestic sewage, which are classified as point sources of pollution. These discharges exceed the natural capacity of water bodies to regenerate, leading to significant quality concerns for water resources. An interesting fact is that even small amounts of untreated sewage can drastically affect the health of aquatic ecosystems.

The Central Pollution Control Board provides training and technical assistance to State Boards. This collaborative approach enhances the capabilities of State Boards in managing air pollution effectively, fostering a unified strategy across different levels of government.

Article 21 of the Indian Constitution has been interpreted by the Supreme Court to guarantee the right to a pollution-free environment, which includes access to clean water. This interpretation signifies the importance of environmental rights in the context of public health and welfare. Additionally, this inclusion reflects the evolving perspective of human rights to encompass environmental sustainability.

The primary objective of the Water (Prevention and Control of Pollution) Act, 1974, is to prevent and control water pollution. This act was established to maintain or restore the quality of water and to establish pollution control boards at both the national and state levels to effectively manage water resources. An additional fact is that this act empowers these boards to enforce standards and take necessary actions against polluters.

Setting national air quality standards is not a function of the State Pollution Control Boards; this responsibility lies with the Central Pollution Control Board. State Boards focus on local implementation and compliance with the standards set at the national level.

The State Government has the authority to declare specific areas as air pollution control areas in consultation with the State Board. This declaration is crucial for implementing targeted measures to manage air quality effectively and protect public health in those regions.

The State Board has the authority to take samples for analysis from prescribed outlets, such as chimneys and ducts. This process includes notifying the occupier and ensuring that samples are collected and sealed properly for accurate analysis. This procedure is vital for maintaining accountability and ensuring compliance with pollution control measures.

The procedure requires that the occupier or their agent be present during the sampling process to ensure transparency and accuracy. If the occupier is absent, specific protocols must be followed to document the absence. This requirement is crucial for maintaining the integrity of the sampling process and for legal accountability in environmental assessments.

The term "permissible limit" refers to a small quantity of pollutants that does not harm human health, acknowledging nature's self-purification mechanisms. Understanding these limits is essential for establishing air quality standards and ensuring public safety.

The Board is required to meet at least once every three months. This regular meeting schedule ensures that air pollution issues are consistently monitored and addressed, facilitating timely decision-making and action on air quality management.

An "air pollutant" is defined as any solid, liquid, or gaseous substance, including noise, that is present in the atmosphere at concentrations harmful to humans, animals, plants, property, or the environment. This broad definition highlights the diverse sources of air pollution and underscores the Act’s comprehensive approach to managing air quality.

Water, sanitation, and public health fall under the State List of the Indian Constitution, granting state governments the authority to manage these subjects. This decentralization allows for tailored approaches to water management that can address local needs and conditions. Interestingly, the 73rd and 74th Constitutional Amendments further empower local bodies to take on responsibilities related to water and sanitation.

Section 24 of the Water Act prohibits any person from knowingly allowing poisonous, noxious, or polluting matter to enter streams, wells, or sewers. This regulation is essential for maintaining the integrity of water bodies and ensuring public health. An additional fact is that violations of this provision can lead to severe penalties and legal actions to enforce compliance.