Air Pollution — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. The Air (Prevention and Control of Pollution) Act, 1981 was enacted under which constitutional provision?

   • Article 252, following State Legislature resolutions
   • Article 253, to implement decisions of the Stockholm Conference, 1972 (correct answer)
   • Article 249, on a Rajya Sabha resolution
   • Article 254, on repugnancy with State law

   Explanation. Since 'air' appears in no legislative list, Parliament used Article 253 (power to implement international agreements) to enact the Air Act following the Stockholm Conference, 1972.

2. Which body administers the Air Act, 1981 at the state level?

   • A newly created State Air Board
   • The same State Pollution Control Board constituted under the Water Act, 1974, given additional functions (correct answer)
   • The Ministry of Environment, Forest and Climate Change directly
   • The National Green Tribunal

   Explanation. Sections 3-5 of the Air Act do not create a new Board; the existing SPCB (and CPCB) from the Water Act, 1974 are given additional air-pollution functions.

3. Under Section 19, who may declare an area as an Air Pollution Control Area?

   • The Central Pollution Control Board alone
   • The State Government, after consulting the State Board (correct answer)
   • Any local municipal corporation on its own
   • The National Green Tribunal

   Explanation. Section 19 empowers the State Government, after consulting the State Board, to declare an Air Pollution Control Area and restrict fuels/appliances within it.

4. An industry in a declared Air Pollution Control Area operates without obtaining consent under Section 21. This is:

   • Permitted if the industry is otherwise compliant with emission standards
   • A contravention of the Act, since prior State Board consent is mandatory before establishing/operating such an industry (correct answer)
   • Only a civil matter between neighbours
   • Permitted for the first year of operation

   Explanation. Section 21 makes prior State Board consent mandatory before establishing or operating an industry likely to emit a scheduled air pollutant in a control area; operating without it is a contravention.

5. A unit holds valid Consent to Operate but emits pollutants beyond the standards fixed by the State Board. Under Section 22, this is:

   • Not a violation, since the unit holds valid consent
   • An independent contravention of Section 22, regardless of holding a valid consent (correct answer)
   • Only actionable if a third party files a civil suit
   • Permitted as long as the excess is temporary

   Explanation. Section 22 separately prohibits emission beyond fixed standards — holding a valid consent does not license exceeding the emission limits attached to it.

6. Which Section of the Air Act mirrors Section 33A of the Water Act, allowing the Board to issue direct closure/regulation orders without first approaching a court?

   • Section 19
   • Section 22A
   • Section 31A (correct answer)
   • Section 37

   Explanation. Section 31A mirrors the Water Act's Section 33A. It lets the Board issue written directions, including closure, prohibition or regulation of an industry, without first going to court.

7. Under section 37 of the Air Act, 1981, contravening section 22 or a direction under section 31A attracts:

   • Only a warning
   • A penalty of not less than Rs 10,000 and up to Rs 15 lakh (correct answer)
   • Life imprisonment
   • No consequence

   Explanation. Section 37(1) makes a person who contravenes section 22 or a direction under section 31A liable to a penalty of not less than Rs 10,000, which may extend to Rs 15 lakh. Section 37(2) adds a further penalty if the contravention continues.

8. The key constitutional distinction most frequently tested between the Water Act, 1974 and the Air Act, 1981 is:

   • Water Act = Article 253; Air Act = Article 252
   • Water Act = Article 252; Air Act = Article 253 (correct answer)
   • Both are enacted under Article 246 alone
   • Both are enacted under Article 21

   Explanation. The Water Act rests on Article 252 (State-consent mechanism, since water is a State subject); the Air Act rests on Article 253 (treaty-implementation power, since air appears in no legislative list).