⚖️ Chapter 05 · Topic 05 · Environmental Pollution

Pollution Control Laws & Bodies in India

EPA 1986, Water Act 1974, Air Act 1981, CPCB, SPCB, NGT, EIA, environmental principles — complete UPSC & PSC notes.

⚖️ Key Pollution Control Laws — Timeline

Law	Year	Key Provisions
Water (Prevention & Control of Pollution) Act	1974	Prevents water pollution; establishes CPCB and SPCBs; sets water quality standards; consent mechanism for industries
Air (Prevention & Control of Pollution) Act	1981	Prevents air pollution; sets ambient air quality standards; extends CPCB’s mandate to air; consent for industries
Environment Protection Act (EPA)	1986	Umbrella legislation; enacted after Bhopal; empowers central govt; EIA; hazardous waste; CRZ; noise standards
National Green Tribunal Act	2010	Establishes NGT; fast-track environmental justice; original jurisdiction; compensation for environmental damage

⚖️ Environment Protection Act 1986 — In Detail

Enacted in response to Bhopal Gas Tragedy (December 1984) — MIC gas leak from Union Carbide plant; 3,000+ deaths
Umbrella legislation — fills gaps in existing laws; empowers central government to take all necessary measures
Enacted under Article 253 of the Constitution (implementing Stockholm Conference decisions)
Key powers under EPA:
- Set environmental quality standards
- Restrict industrial activities in certain areas
- Order closure of polluting industries
- Regulate hazardous substances
- Issue EIA notifications
- Declare Eco-Sensitive Zones (ESZs)
Rules issued under EPA: EIA Notification 2006, Hazardous Waste Rules, E-Waste Rules, Plastic Waste Rules, Noise Pollution Rules, CRZ Notification

⚖️ CPCB & SPCBs

Body	Established	Under	Role
CPCB (Central Pollution Control Board)	1974	Water Act 1974	National body; sets standards; monitors pollution; advises central govt; coordinates with SPCBs; HQ: New Delhi
SPCBs (State Pollution Control Boards)	1974 onwards	Water Act 1974	State-level implementation; issues consents to industries; monitors compliance; enforces standards
PCCs (Pollution Control Committees)	—	—	For Union Territories without legislature (e.g., Delhi has DPCC)

📌 Consent Mechanism: Industries must obtain “Consent to Establish” and “Consent to Operate” from SPCBs under the Water Act and Air Act. This is the primary regulatory tool for pollution control. Industries are classified as Red (highly polluting), Orange, Green, and White based on pollution potential.

⚖️ National Green Tribunal (NGT)

Established under NGT Act 2010
India was the 3rd country to establish a specialised environmental tribunal (after Australia and New Zealand)
Original jurisdiction — can hear cases directly (not just appeals)
Appellate jurisdiction — appeals against orders of environmental authorities
Can award compensation for environmental damage and personal injury
Cases must be filed within 6 months of cause of action
NGT has taken suo motu cognisance of environmental issues
Benches: New Delhi (Principal), Bhopal, Pune, Kolkata, Chennai
NGT applies the Precautionary Principle and Polluter Pays Principle

⚖️ Environmental Impact Assessment (EIA)

EIA = systematic process to evaluate the environmental consequences of a proposed project before it is approved
Mandatory under EIA Notification 2006 (issued under EPA 1986)
Projects are classified into Category A (national level, MoEFCC approval) and Category B (state level, SEIAA approval)
EIA Process: Screening → Scoping → Baseline data collection → Impact prediction → Mitigation measures → Public hearing → Expert appraisal → Environmental clearance
Public hearing — mandatory for Category A and most Category B projects; local communities can raise objections
Environmental Clearance (EC) — approval given after EIA; conditions attached
EIA Notification 2020 (draft) — proposed to weaken EIA; withdrawn after protests

⚖️ Key Environmental Principles

Principle	Meaning	Source
Polluter Pays Principle	The party responsible for pollution must bear the cost of cleanup and compensation	Rio Declaration (1992); Vellore Citizens case (1996)
Precautionary Principle	When there is scientific uncertainty about potential harm, precautionary measures should be taken; burden of proof on the developer	Rio Declaration; Vellore Citizens case (1996)
Sustainable Development	Development that meets present needs without compromising future generations’ ability to meet their needs	Brundtland Commission (1987)
Public Trust Doctrine	Natural resources (air, water, forests) are held in trust by the state for the public; cannot be privatised	M.C. Mehta vs Kamal Nath (1997)
Absolute Liability	Enterprises engaged in hazardous activities are absolutely liable for harm caused, without exceptions	M.C. Mehta vs UOI (Oleum Gas case, 1987)

✅ Revision Checklist — Pollution Control Laws

✅ Water Act 1974 = establishes CPCB + SPCBs = water quality standards
✅ Air Act 1981 = extends CPCB mandate to air = ambient air quality standards
✅ EPA 1986 = umbrella legislation = after Bhopal = Article 253 = empowers central govt
✅ NGT Act 2010 = India 3rd country with specialised environmental tribunal
✅ NGT = original + appellate jurisdiction = compensation = 6-month filing limit
✅ NGT benches = Delhi (principal) + Bhopal + Pune + Kolkata + Chennai
✅ CPCB = 1974 = Water Act = national body = HQ New Delhi
✅ EIA = Environmental Impact Assessment = EIA Notification 2006 = under EPA 1986
✅ EIA categories = A (national, MoEFCC) + B (state, SEIAA)
✅ Public hearing = mandatory for EIA = local communities can object
✅ Polluter Pays Principle = polluter bears cleanup cost = Vellore Citizens case 1996
✅ Precautionary Principle = uncertainty → precaution = burden on developer
✅ Absolute Liability = M.C. Mehta 1987 = no exceptions for hazardous industries
✅ Public Trust Doctrine = M.C. Mehta vs Kamal Nath 1997 = natural resources held in trust
✅ Industry consent = Red/Orange/Green/White classification by pollution potential