Introduction-
The Environment (Protection) Act, 1986 is an umbrella legislation enacted to provide effective protection and improvement of the environment. To achieve this objective, wide and comprehensive powers have been conferred upon the Central Government under Sections 3, 4, 5 and 6 of the Act. These provisions enable the Central Government to take all necessary measures to prevent, control and abate environmental pollution.
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Statutory Provisions Conferring Powers-
The powers of the Central Government under the Environment (Protection) Act, 1986 can be studied under the following heads:
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1. General Powers of Central Government (Section 3)
Section 3 empowers the Central Government to take all such measures as it deems necessary for protecting and improving the quality of the environment and for preventing, controlling and abating environmental pollution.
The powers include:
1. Coordination of actions of State Governments, officers and other authorities.
2. Planning and execution of nationwide programmes for environmental protection.
3.Laying down standards for the quality of environment in its various aspects.
4. Prescribing standards for emission or discharge of environmental pollutants.
5. Restriction of areas in which industries or operations shall not be carried out or shall be carried out subject to safeguards.
6. Laying down procedures and safeguards for prevention of environmental accidents.
7. Prescribing safeguards for handling hazardous substances.
8. Examination of manufacturing processes and materials likely to cause pollution.
9. Carrying out and sponsoring investigations and research.
10. Inspection of premises, plants, equipment and processes.
11. Establishment or recognition of environmental laboratories.
12. Collection and dissemination of environmental information.
13. Preparation of manuals, codes and guidelines.
14. Any other measure deemed necessary for effective implementation of the Act.
Judicial Support
•M/s Kushwaha Clay Products v. State of Jharkhand (AIR 2015 Jharkhand 53)
Imposition of scrutiny fee for environmental clearance was held valid.
•M.C. Mehta v. Union of India (AIR 1992 SC 382)
The Supreme Court emphasized the duty of the Government to spread environmental awareness.
•M.R. Pillai v. Executive Officer, Pathaer Panchayat (AIR 1997 Kerala 162)
Government has the power to ban industries causing pollution.
•B. Krishna Bhat v. State of Karnataka (AIR 2003 NOC 428 Kar.)
Slaughterhouses causing pollution can be shifted outside city limits.
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2. Power to Appoint Officers (Section 4)
Under Section 4, the Central Government may appoint officers and authorities and delegate powers for prevention, control and abatement of environmental pollution.
This ensures effective administration and enforcement of environmental laws.
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3. Power to Issue Directions (Section 5)
Section 5 grants wide powers to issue binding directions to any person, officer or authority. Such directions may include:
•Closure or regulation of any industry or process
•Stoppage or regulation of supply of electricity, water or other services
Important Case Laws
•Ishwar Singh v. State of Haryana (AIR 1996 P&H 30)
Shifting of stone-crushing units from residential areas upheld.
•Anuj Joshi v. Union of India (AIR 2012 Uttarakhand 24)
Public hearing mandatory before granting environmental clearance.
•Sachidanand Pandey v. State of West Bengal (AIR 1987 SC 1109)
Courts can issue directions for enforcement of environmental duties.
•M/s Vrindavan Phosphates Pvt. Ltd. v. KSPCB (AIR 2003 Kar. 476)
Opportunity of hearing is mandatory before closure of industry.
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4. Power to Make Rules (Section 6)
Section 6 empowers the Central Government to frame rules by notification in the Official Gazette for effective environmental protection.
Rules may relate to:
a. Standards of air, water and soil quality.
b. Maximum permissible limits of pollutants including noise.
c. Procedures for handling hazardous substances.
d. Restrictions on location of industries.
e. Safeguards for accident prevention and remedial measures.
Judicial Pronouncements
•Jacob v. State of Kerala (AIR 1998 Kerala 214)
Rules necessary for protection of river ecology.
•V. Laxmi Pati v. State of Karnataka (AIR 1992 Kar. 57)
Ban on polluting industries in residential areas upheld.
•Rajendra Kumar Verma v. State of M.P. (AIR 2015 MP 117)
State rules inconsistent with Central rules declared ultra vires.
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Conclusion
Sections 3 to 6 of the Environment (Protection) Act, 1986 confer extensive, flexible and overriding powers on the Central Government. These provisions ensure a balance between environmental protection and developmental needs, reinforcing the constitutional mandate under Article 21.
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FAQs on Powers of Central Government under EPA, 1986
Q1. Which section gives absolute power to Central Government?
Ans- Section 5.
Q2. Can government close industries without court order?
Ans- Yes, under Section 5.
Q3. Is hearing mandatory before closure?
Ans-Yes, as per principles of natural justice.
Q4. Are State rules subordinate to Central rules?
Ans- Yes.
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