UPSC CSE Prelims
Environment Protection Act, 1986 Previous Year Questions (PYQs)

Detailed Explanation:

Answer: Option 3 — Central Ground Water Authority

The Central Ground Water Authority (CGWA) was constituted under Section 3(3) of the Environment (Protection) Act, 1986, to regulate and control the development and management of groundwater resources in the country. It is the only body among the given options that derives its statutory authority directly from the EPA, 1986.

❌ Option 1 – Central Water Commission (Incorrect): Established in 1945 under the Ministry of Jal Shakti for water resource planning and development, but not constituted under EPA, 1986.

❌ Option 2 – Central Ground Water Board (Incorrect): A subordinate organization established in 1970 under the Ministry of Jal Shakti, functioning as the technical arm of CGWA, but not constituted under EPA, 1986.

❌ Option 4 – National Water Development Agency (Incorrect): An autonomous agency established in 1982 under the Societies Registration Act, 1860, focusing on interstate water disputes and interlinking of rivers, but not constituted under EPA, 1986.

📝 Short Notes: Water Resource Management Bodies in India

Detailed Explanation:

Answer: Option 2 — 2 only

The Environment Protection Act, 1986 empowers the Central Government to lay down standards for emission or discharge of environmental pollutants but does not explicitly mandate public participation requirements. While public participation is important in environmental protection, it was introduced through subsequent EIA Notifications issued under the Act's authority.

❌ Statement 1 – Incorrect: The EPA, 1986 does not explicitly state requirements for public participation or the procedure and manner in which it is sought. These provisions were introduced later through EIA Notifications (1994, 2006) issued under the Act.

✅ Statement 2 – Correct: Section 3(2)(iv) of the Environment Protection Act, 1986 specifically empowers the Central Government to lay down standards for emission or discharge of environmental pollutants from various sources.

📝 Short Notes: Environment Protection Act, 1986

• Enactment: The Environment Protection Act was enacted in 1986 following the Bhopal Gas Tragedy (1984) to provide a comprehensive framework for environmental protection.
• Umbrella Legislation: It serves as an umbrella Act that provides a framework for coordination of activities of various central and state authorities under existing laws.
• Powers of Central Government (Section 3): Includes power to take measures to protect and improve environmental quality, lay down emission/discharge standards, restrict areas for industries, lay down procedures for handling hazardous substances, and examine manufacturing processes.
• Rule-making Power: The Act empowers the government to make rules for various aspects including standards for emissions, prohibition/restriction of handling hazardous substances, and procedures for environmental impact assessment.
• Public Participation: Not explicitly mentioned in the Act itself but incorporated through EIA Notifications issued under the Act's authority, particularly the 1994 and 2006 notifications which mandated public hearings for certain projects.
• Penalties: Provides for imprisonment up to 5 years and/or fine up to ₹1 lakh for violations, with additional fines for continuing violations.