# Environmental Laws for UPSC: Article 48A and 51A(g), Environment (Protection) Act 1986, Jan Vishwas Reforms, Water and Air Act Amendments Source: https://tracknation.in/story/environmental-laws-for-upsc-article-48a-and-51a-g-environment-protection-act-1986-jan-vishwas-reforms-water-and-air-act-amendments (TrackNation β€” free UPSC notes with PYQs) > Environmental laws for UPSC: the constitutional basis (Articles 21, 48A, 51A(g), 252), the Environment (Protection) Act 1986 as an umbrella law, the Water and Air Acts, the Jan Vishwas decriminalisation and adjudicating officers, consent reforms and White category industries, and the polluter-pays and precautionary principles. Includes practice questions, the real PYQs and exact Mains questions. ## How UPSC Tests Environmental Laws 🎯 **Exam priority: Tier-2. UPSC checks what each law empowers and who administers it.** *UPSC asked what the Environment (Protection) Act, 1986 empowers the Government to do (2019: it can lay down emission and discharge standards, but public participation procedure sits in the EIA Notification, not directly in the Act) and how Biodiversity Management Committees implement the Nagoya Protocol and can levy collection fees (2023). Mains asked how the Biological Diversity Act, 2002 helps conservation (2018) and how the draft EIA Notification, 2020 differs from 2006 (2020, covered in the next article).* Keep three boxes: **the constitutional basis**, **the statutes** and **the reforms of 2023 to 2026**. ## Constitutional Basis and the Statutes ## The constitutional basis - **Article 48A** (Directive Principle, added by the 42nd Amendment, 1976): the State shall protect and improve the environment and safeguard forests and wildlife. **Article 51A(g)**: it is a fundamental duty of every citizen to protect and improve the natural environment. - **Article 21:** the Supreme Court has read a right to a clean and healthy environment into the right to life; the National Green Tribunal Act, 2010 rests on this. - **Article 252:** lets Parliament legislate on a State subject when State legislatures pass resolutions. The Water Act, 1974 and its 2024 amendment were passed this way: water is a State subject (List II), and the amendment took effect only in the States that adopted it (17 States and UTs so far). ## The statutes | **Law** | **Key features** | | Water (Prevention and Control of Pollution) Act, 1974 | Pollution Control Boards, consent system, effluent standards; amended 1988 and 2024 | | Water Cess Act, 1977 | Cess on water use to fund the Boards; rebate for installing treatment | | Air (Prevention and Control of Pollution) Act, 1981 | Air Pollution Control Areas, consent from State Boards; later extended to noise (1987) | | Environment (Protection) Act, 1986 | An umbrella Act: the Centre can take all measures to protect and improve the environment, set standards for emissions and discharges (2019 PYQ), regulate or prohibit industries, and declare eco-sensitive zones. Rules under it include GEAC for GMOs (1989), the ozone, waste and plastic rules and the EIA and CRZ Notifications | | Public Liability Insurance Act, 1991 | Insurance for victims of accidents with hazardous substances | | National Green Tribunal Act, 2010 | Tribunal for environmental cases (next article) | | Biological Diversity Act, 2002 | Three-tier structure: NBA, State Biodiversity Boards and Biodiversity Management Committees; access and benefit-sharing (Nagoya Protocol); BMCs can levy collection fees (2023 PYQ) | The Environment (Protection) Act lets the Centre issue directions, including closure of an industry, without going to court. The Central Ground Water Authority was constituted under Section 3(3) of this Act (2022 PYQ). ## Jan Vishwas, Consent Reforms and Judicial Principles ## Reform since 2023: decriminalise, penalise, digitise - **Jan Vishwas (Amendment of Provisions) Act, 2023** (Act 18 of 2023, enacted 11 August 2023) amended the Air Act: **adjudicating officers** now decide penalties for contraventions of Sections 37, 38, 38A and 39. A similar amendment of the Water Act (adopted by 17 States and UTs) lets adjudicating officers decide penalties under Sections 41, 41A, 42, 43, 44, 45A and 48. - Penalties go to the **Environmental Protection Fund** created under the EP Act; an appeal lies to the **National Green Tribunal**. Failure to comply with the core provisions (Water Act Sections 25 and 26 and Air Act Section 21, which require consent for new outlets and industries) and failure to pay penalties were *not* decriminalised. - **Consent regime:** uniform national guidelines for Consent to Establish and Operate; industries that already hold an environmental clearance are exempt from Consent to Establish; non-polluting **White category** industries (86 sectors notified) are exempt from both CTE and CTO; the amended consent guidelines of 27 January 2026 introduced a Registered Environmental Auditor and made Consent to Operate perpetual. - **Environment Audit Rules, 2025** created a cadre of Certified Third-Party Environmental Auditors for compliance verification. ## Principles and cases courts apply - **Polluter pays** (the polluter bears the cost of damage and of restoring it), **precautionary principle** (lack of full scientific certainty is no reason to postpone preventive measures) and **sustainable development**: applied by the NGT and the Supreme Court. Key cases: *Subhash Kumar* (1991, Article 21 includes a pollution-free environment), *M.C. Mehta* (the oleum gas leak case of 1986 evolved absolute liability) and *Vellore Citizens Welfare Forum* (1996, the precautionary principle and polluter pays form part of Indian law). ## How UPSC Could Ask This Next - **Empowerment:** which law lets the Centre do what (standards, closure, eco-sensitive zones). - **Reform:** what Jan Vishwas changed and what it did not decriminalise. - **Constitution:** Articles 21, 48A, 51A(g) and 252. - **Principles:** polluter pays and precaution, with the cases that established them. ## Further Reading - NCERT Biology (Class 12) and Geography textbooks, the India State of Forest Report, the MoEFCC Annual Report, the Economic Survey and the official lists cited in this note β€” the primary sources behind every figure above. ## Test Yourself: Practice Questions and PYQs Twelve practice questions on the constitutional basis, the Environment (Protection) Act, the Jan Vishwas reforms and judicial principles, followed by the real UPSC Prelims questions and exact Mains questions. ## Practice Questions **Q1.** Which of the following can the Environment (Protection) Act, 1986 empower the Central Government to do? 1. Lay down standards for emission or discharge of pollutants 2. Regulate, prohibit or close industries 3. Declare eco-sensitive zones - (a) 1, 2 and 3 - (b) 2 and 3 only - (c) 1 only - (d) 1 and 2 only **Answer: (a)** β€” All three flow from the umbrella Act; ESZs are declared under it. **Q2.** The Central Ground Water Authority was constituted under - (a) the Indian Forest Act, 1927 - (b) the National Green Tribunal Act, 2010 - (c) Section 3(3) of the Environment (Protection) Act, 1986 - (d) the Water Act, 1974 **Answer: (c)** β€” UPSC's 2022 key. **Q3.** Which Article of the Constitution allows Parliament to legislate on a State subject on the request of State legislatures, as was done for the Water Act, 1974? - (a) Article 356 - (b) Article 253 - (c) Article 252 - (d) Article 368 **Answer: (c)** β€” Water is a State subject; resolutions of States empower Parliament under Article 252(1). **Q4.** The Jan Vishwas (Amendment of Provisions) Act, 2023 changed the Air Act, 1981 by - (a) removing all penalties - (b) transferring the Act to the States - (c) providing for adjudicating officers to decide penalties for certain contraventions - (d) abolishing the Pollution Control Boards **Answer: (c)** β€” Appeals go to the National Green Tribunal and penalties to the Environmental Protection Fund. **Q5.** Under the Jan Vishwas amendments, which of the following were NOT decriminalised? 1. Failure to comply with the consent provisions (Water Act Sections 25 and 26; Air Act Section 21) 2. Failure to pay penalty and additional penalty - (a) 1 only - (b) Both 1 and 2 - (c) 2 only - (d) Neither 1 nor 2 **Answer: (b)** β€” Both remain criminal offences. **Q6.** Industries that have already obtained Environmental Clearance are exempted from - (a) the Environment Audit - (b) Consent to Operate - (c) all emission standards - (d) Consent to Establish **Answer: (d)** β€” The exemption was notified in November 2024. **Q7.** 'White category' industries are - (a) the most polluting industries - (b) industries banned in cities - (c) industries owned by the government - (d) non-polluting industries exempted from both CTE and CTO **Answer: (d)** β€” 86 sectors were notified as White category. **Q8.** Which of the following is a Directive Principle added by the 42nd Amendment (1976) concerning the environment? - (a) Article 51A(g) - (b) Article 21 - (c) Article 48A - (d) Article 14 **Answer: (c)** β€” Article 51A(g) is a fundamental duty, also added in 1976; 48A is the Directive Principle. **Q9.** Which Act establishes Biodiversity Management Committees? - (a) Biological Diversity Act, 2002 - (b) Environment (Protection) Act, 1986 - (c) Wildlife (Protection) Act, 1972 - (d) Forest Conservation Act, 1980 **Answer: (a)** β€” BMCs are at the local level beneath State Biodiversity Boards and the National Biodiversity Authority. **Q10.** Consider the following statements: 1. Biodiversity Management Committees help realise the objectives of the Nagoya Protocol in India. 2. BMCs can levy collection fees for access to biological resources within their jurisdiction. Which of the statements given above is/are correct? - (a) 1 only - (b) 2 only - (c) Both 1 and 2 - (d) Neither 1 nor 2 **Answer: (c)** β€” UPSC's 2023 key. **Q11.** The principle that lack of full scientific certainty should not postpone measures to prevent environmental damage is called the - (a) doctrine of laches - (b) public trust doctrine - (c) precautionary principle - (d) polluter pays principle **Answer: (c)** β€” It was held part of Indian environmental law in Vellore Citizens Welfare Forum (1996). **Q12.** Which Act provides insurance cover for victims of accidents involving hazardous substances? - (a) Factories Act, 1948 - (b) Bhopal Gas Leak Disaster Act, 1985 - (c) Water Cess Act, 1977 - (d) Public Liability Insurance Act, 1991 **Answer: (d)** β€” The Public Liability Insurance Act, 1991 is administered by MoEFCC. ### UPSC Previous Year Questions (PYQs) *Real UPSC Prelims questions, checked against the official paper and answer key.* **Q1.** (2019) Consider the following statements: The Environment Protection Act, 1986 empowers the Government of India to 1. State the requirement of public participation in the process of environmental protection, and the procedure and manner in which it is sought 2. Lay down the standards for emission or discharge of environmental pollutants from various sources Which of the statements given above is/are correct? - (a) 2 only - (b) 1 only - (c) Both 1 and 2 - (d) Neither 1 nor 2 **Answer: (a)** β€” The Environment (Protection) Act, 1986 empowers the Centre to lay down standards for emissions and discharges of pollutants (2 is right). The procedure for public participation is provided in the EIA Notification made under the Act rather than as a direct statutory power in this form, so UPSC's key rejects 1. **Q2.** (2023) Consider the following statements : 1. In India, the Biodiversity Management committees are key to the realization of the objectives of Nagoya Protocol. 2. The Biodiversity Management committees have important functions in determining access and benefit sharing, including the power to levy collection fees on the access of biological resources within its jurisdiction. Which of the statements given above is/are correct? - (a) Both 1 and 2 - (b) Neither 1 nor 2 - (c) 1 only - (d) 2 only **Answer: (a)** β€” Biodiversity Management Committees under the Biological Diversity Act, 2002 help carry out access-and-benefit sharing under the Nagoya Protocol and can levy collection fees for access to biological resources, so both statements hold. ### Mains Practice Questions Use these to frame full-length answers. You don't have to answer one exactly β€” they show the angles UPSC tests, so let them guide which points you cover. - How does the Biological Diversity Act, 2002 help the conservation of flora and fauna? Explain the three-tier structure and benefit-sharing. - Examine the Environment (Protection) Act, 1986 as an umbrella legislation. What gaps remain? - The Jan Vishwas Act decriminalised several environmental offences. Evaluate the case for and against replacing prosecution with penalties. - Discuss the polluter pays and precautionary principles with reference to Indian court judgments. - How do the 'White category' exemptions and the perpetual Consent to Operate balance ease of doing business and environmental protection? ### UPSC Mains β€” Previous Years’ Questions on this topic (last 10 years) These are the **actual GS Mains questions** UPSC has asked on this theme β€” real proof of how, and when, it is tested. Try to write a full answer to each. - 2024 (GS-III): What role do environmental NGOs and activists play in influencing Environmental Impact Assessment (EIA) outcomes for major projects in India? Cite four examples with all important details. - 2020 (GS-III): How does the draft Environment Impact Assessment (EIA) Notification, 2020 differ from the existing EIA Notification, 2006? - 2018 (GS-III): How does biodiversity vary in India? How is the Biological Diversity Act, 2002 helpful in conservation of flora and fauna? - 2016 (GS-III): Rehabilitation of human settlements is one of the important environmental impacts which always attracts controversy while planning major projects. Discuss the measures suggested for mitigation of this impact while proposing major developmental projects.