Environment (Protection) Act, 1986

Why Was the Environment (Protection) Act, 1986 Needed?

Till the early 1980s, India had:

• Water Act, 1974 → water pollution
• Air Act, 1981 → air pollution

But there was no single, comprehensive law dealing with:

• Industrial disasters
• Hazardous substances
• New forms of pollution
• Emergency environmental powers

The urgency became undeniable after the Bhopal Gas Tragedy.

👉 This disaster exposed:

• Weak regulation of hazardous industries
• Lack of emergency response powers
• Fragmented legal framework

At the global level, the intellectual foundation had already been laid by the United Nations Conference on the Human Environment.

📌 The result was the enactment of the Environment (Protection) Act.

Constitutional Basis: Article 253

The EPA 1986 was enacted by the Government of India under Article 253 of the Indian Constitution.

What does Article 253 say?

It empowers Parliament to make laws:

• For implementing international treaties
• For decisions taken at international conferences

📌 UPSC Insight:
Even if environment is largely a State subject, Article 253 allows the Centre to override federal limitations when implementing international environmental commitments.

This explains why EPA 1986 is highly centralised in nature.

Objective of the Act

The objective is simple but powerful:

To provide for the protection and improvement of the environment.

But operationally, the Act does something bigger:

• It coordinates and supplements authorities under:
  • Water Act, 1974
  • Air Act, 1981

👉 This is why EPA 1986 is called an “umbrella legislation.”

Key Definitions under EPA 1986

Understanding definitions is crucial for prelims and mains precision.

(a) Environment

The Act defines environment very broadly:

• Water, air, land
• Inter-relationships among:
  • Human beings
  • Animals
  • Plants
  • Micro-organisms
  • Property

📌 This reflects a systems-based ecological approach, not a narrow pollution view.

(b) Environmental Pollution

• Pollution is the presence of any pollutant
• Pollutant can be:
  • Solid
  • Liquid
  • Gaseous
• Harm is judged by concentration, not mere presence

(c) Hazardous Substances

Includes anything that may harm:

• Humans
• Animals
• Plants
• Micro-organisms
• Property
• Environment

👉 This wide definition allows the law to adapt to new chemicals and technologies.

Major Provisions: Powers of the Central Government

This is the core strength of EPA 1986.

The Act gives the Central Government comprehensive powers, unmatched by any earlier law.

Key Powers:

• Coordination Power
  • Coordinate actions of State Governments and authorities
• National Planning Power
  • Plan and execute nationwide environmental programmes
• Standard-Setting Power
  • Lay down emission and discharge standards
• Location Control
  • Restrict where industries can be located
• Closure and Regulation
  • Order closure or regulation of any industry
• Utility Control
  • Stop or regulate supply of:
    • Electricity
    • Water
    • Other essential services
• Accident Prevention
  • Prescribe safeguards to prevent environmental accidents
  • Implement remedial measures
• Hazardous Substance Management
  • Regulate handling, storage, transport
• Inspection Power
  • Inspect plants, machinery, processes, materials
• Environmental Laboratories
  • Establish or recognise labs and institutes
• Codes and Manuals
  • Issue technical guides and manuals
• Rule-Making Power
  • Frame rules via Official Gazette notifications
• Residual Power Clause
  • Any other action deemed necessary

📌 This last clause is why EPA 1986 is a true umbrella legislation.

Almost all modern environmental rules originate here:

• EIA Notification
• Hazardous Waste Rules
• Plastic Waste Rules
• Biomedical Waste Rules

Protection for Government Action (Good Faith Clause)

The Act provides legal protection to: Government, Officers, Authorities → For actions taken in good faith under the Act.

👉 This ensures decisive action without fear of litigation, especially during emergencies.

Cognisance of Offences: Citizen Suit Provision

Courts can take cognisance of offences only when:

• Complaint is made by:
  • Central Government, or
  • Authorised authority
    OR
• A citizen files a complaint after giving 60 days’ notice

📌 This embeds public participation while preventing frivolous litigation.

Bar of Civil Court Jurisdiction

• Civil courts cannot interfere in → Orders, Directions, Actions → Issued under EPA 1986.

👉 This ensures speedy environmental governance without procedural delays.