The ENVIRONMENT (PROTECTION) ACT, 1986 was enacted under which CONSTITUTIONAL POWER and PRIMARY MOTIVATION?
Aunder Article 19(6) to regulate trade and business (cf. Environment (Protection) Act 1986, Preamble; Article 253 Constitution)
Bunder Article 32 to provide remedies for environmental damages (cf. Environment (Protection) Act 1986, Preamble; Article 253 Constitution)
Cunder Article 253 to implement India's STOCKHOLM DECLARATION 1972 obligations, motivated also by the BHOPAL GAS TRAGEDY 1984
Dunder Article 226 to provide writ jurisdiction over polluters (cf. Environment (Protection) Act 1986, Preamble; Article 253 Constitution)
Answer & Solution
Correct answer: C. under Article 253 to implement India's STOCKHOLM DECLARATION 1972 obligations, motivated also by the BHOPAL GAS TRAGEDY 1984
1. The Environment (Protection) Act 1986 (EPA) was enacted by Parliament under Article 253 of the Constitution to give effect to India's STOCKHOLM DECLARATION ON THE HUMAN ENVIRONMENT 1972 obligations.
2. The IMMEDIATE TRIGGER was the BHOPAL GAS TRAGEDY of 2-3 December 1984 (release of Methyl Isocyanate from Union Carbide plant, causing thousands of deaths).
3. The Preamble: 'An Act to provide for the protection and improvement of environment and for matters connected therewith.'
4. The EPA is a COMPREHENSIVE UMBRELLA legislation supplementing Water Act 1974 and Air Act 1981.
5. Hence option B is correct.
_Source: EPA 1986 / Constitution of India / Stockholm/Rio/Paris / Indian SC environmental jurisprudence — Environment (Protection) Act 1986, Preamble; Article 253 Constitution_
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