Question

Which of the following is correct regarding the Environment Protection Act 1986?
A) To strengthen the regulatory framework for hazardous industry and pollution control.
B) Gave authority to the Centre to issue direct orders to close, prohibit or regulate any industry.
C) Delegates wide power to the executive, allowing it to make rules to manage different issues.
D) All of the above

Answer 1

Hint: Following the Bhopal Gas tragedy, The Indian Government enacted the Environment Protection Act under Article 253 of the Constitution in 1986. The Act is an ‘umbrella’ legislation designed to implement the decisions of the United Nations Conference on Human Environments to protect and improve the human environment and prevent threats to human beings, other living organisms and property.

Complete answer:
Let us analye the given options:
Option A) Legislations such as Hazardous wastes Rules, Biomedical waste Rules, Municipal Waste Rules etc directly or indirectly deal with hazardous industries. Under the Environment Protection Act, the setup of Pollution Control Boards (CPCB and SPCBs) has strengthened the regulatory framework for hazardous industry and pollution control.
Hence this statement is true.

Option B) The EPA has empowered the central government to take all such measures as it deems necessary for the purpose of protecting and improving the quality of the environment in coordination with the State Governments. As per the Act, the central government has the power to direct the closure, prohibition or regulation of any industry, operation or process.
Hence this statement is true.

Option C) The Act authorizes the executive i.e. the Central government to make rules for carrying out the purpose of this Act. It entrusts the government with the power to plan and execute nationwide programmes, lay down standards for the quality of the environment in its various aspects, appoint officers for various purposes, Establishment of Environmental Laboratories, power of entry and inspection, penalties.
Hence this statement is true.

Option D) All of the above statements are true thus, the correct answer is Option D.

Therefore the correct answer is option ‘D’.

Note: Every rule under this Act has to be presented before both the houses of the Parliament. All the legal notices and announcements are to be notified in the Official Gazette. The extreme centralization of the Act could also be one of its drawbacks as it does not provide the state government with any of the powers.