Environment pollution control mechanism

In one minute

Pollution control in India rests on several authorities. Pollution Control Boards grant consent and give directions. The Central Government makes rules and gives directions under the Environment (Protection) Act. Biodiversity bodies regulate access to biological resources.

The National Green Tribunal hears disputes and appeals against their orders. Each authority has its own Act and tools.

Exam focus

Frequency: Rarely asked
Usually asked as: Long answer (10 to 15 marks)

Legal provision

Water Act, 1974: sections 3 and 4 (Boards), 16 and 17 (functions), 25 (consent), 33A (directions).
Air Act, 1981: sections 3 and 4 (the same Boards), 21 (consent), 31A (directions).
Environment (Protection) Act, 1986: section 3 (measures and authorities), section 5 (directions).
Biological Diversity Act, 2002: section 8 (Authority), section 22 (State Boards), section 41 (Committees).
National Green Tribunal Act, 2010: sections 14 and 16 (jurisdiction), section 22 (appeal).

Meaning and definition

The "pollution control mechanism" is the set of bodies and powers that prevent, control and reduce pollution. Some bodies regulate in advance, by consent and rules. Others act after a breach, by directions, penalties or a decision.

Who controls pollutionHow to read this: start at the top box and follow the lines down to each authority and its main tool.

Pollution control mechanism
- Pollution Control BoardsConsent and directions under the Water Act and Air Act.
- Central GovernmentMeasures, rules and directions under the 1986 Act.
- Biodiversity bodiesApproval, intimation and benefit sharing.
- National Green TribunalDisputes, relief and appeals.

Detailed explanation

Step 1: the Pollution Control Boards

The Central Pollution Control Board is created under section 3 of the Water Act and the State Pollution Control Boards under section 4. The Air Act uses the same Boards. A State Board plans programmes, inspects works and plants, and lays down effluent and emission standards. It gives or refuses consent and may give written directions, including closure and stopping of services (section 33A of the Water Act and section 31A of the Air Act).

Step 2: the Central Government

Under section 3 of the 1986 Act the Central Government takes the measures it considers necessary. It may constitute authorities to use its powers. Under section 5 it gives directions, including closure. It also makes rules, such as the Hazardous and Other Wastes Rules, 2016.

Step 3: the biodiversity bodies

The National Biodiversity Authority, the State Biodiversity Boards and the Biodiversity Management Committees regulate access to biological resources and see that benefits are shared.

Step 4: the National Green Tribunal

The Tribunal adjudicates civil cases with a substantial environmental question under Schedule I Acts. It also hears appeals against orders such as Board directions under section 33A of the Water Act and orders on environmental clearance. Its own orders go in appeal to the Supreme Court.

Example. A State Board directs a chemical unit to close. The unit appeals to the National Green Tribunal against the direction. It loses and files an appeal in the Supreme Court within ninety days.

Step 5: courts

The Supreme Court and the High Courts also act under Articles 32 and 226. In the Ganga case the Court enforced the duties of municipal bodies and Boards. In Vellore the Court directed the Central Government to constitute an authority under section 3(3) of the 1986 Act.

Exceptions and special rules

Appeals within the system

An order of the State Board under the Air Act can be appealed within thirty days to the Appellate Authority set up by the State Government (section 31). Under section 16 of the Tribunal Act, some of these appeals now go to the Tribunal.

Gaps

The Wild Life (Protection) Act, 1972 is not in Schedule I of the Tribunal Act. Disputes only under it go to the High Court or the Supreme Court.

Don't confuse: Boards and the Central Government

Point	Pollution Control Boards	Central Government
Law	Water Act and Air Act	Environment (Protection) Act, 1986
Main tool	Consent, standards, directions	Measures, rules, directions
Reach	Water and air pollution	Any environmental harm

Inside the concept. A State Board refuses consent to a distillery near a river. This is the Board's own power under the Water Act.

Just outside it. The Central Government restricts industries in a belt around a lake. This is a measure under section 3 of the 1986 Act, not a Board power.

Common mistakes

Saying the Air Act has separate Boards. It uses the Water Act Boards.
Describing the Tribunal as a Board. It is a separate adjudicating body.
Forgetting that appeals from the Tribunal go to the Supreme Court.

Apply it

Problem

A State Board orders a textile unit to close for breaking its consent conditions. The unit says the order is unfair. Where can it go?

Issue

Which forum can hear the challenge?

Rule

Section 16(c) of the Tribunal Act allows an appeal against directions of a Board under section 33A of the Water Act.

Application

The closure is a direction of this kind. The unit must appeal within thirty days.

Conclusion

The unit appeals to the National Green Tribunal. A further appeal on a legal ground lies to the Supreme Court.

Leading case laws

M.C. Mehta v. Union of India (Ganga Pollution Case)
Facts. Untreated sewage from Kanpur flowed into the Ganga, and the Mahapalika had sent no treatment proposal to the State Board.

Principle. The Court enforced the duties of the municipal body and the Boards and held the Mahapalika mainly responsible.

Why it matters. It shows the Court pushing the Boards and local bodies to act.
Vellore Citizens Welfare Forum v. Union of India
Facts. Tanneries in Tamil Nadu discharged untreated effluent into the Palar area.

Principle. The Central Government had to constitute an authority under section 3(3) of the 1986 Act with power to give directions under section 5.

Why it matters. It shows the Central Government's authorities in use.
A.P. Pollution Control Board v. Prof. M.V. Nayudu (Retd.)
Facts. A Board refused consent for a factory near two lakes. The appellate authority and the High Court ruled for the company.

Principle. The Court referred technical questions to an expert statutory body.

Why it matters. It led to calls for expert environmental tribunals.

How to write this answer in the exam

5-mark answer

Boards under the Water Act and Air Act.
Central Government under the 1986 Act.
National Green Tribunal.
One case.

10-mark answer

Meaning of the mechanism.
Boards: functions, consent, directions.
Central Government: sections 3 and 5.
Biodiversity bodies and the Tribunal.
Comparison table and appeals.
Ganga, Vellore and Nayudu.

Key points to remember

Boards: Water Act and Air Act; consent and directions.
Central Government: 1986 Act, sections 3 and 5.
Biodiversity bodies: Authority, State Boards, Committees.
Tribunal: sections 14 and 16; appeal to the Supreme Court.
The Wild Life (Protection) Act is outside Schedule I.

Quick self-test

1. Which body grants consent for effluent discharge?

The State Pollution Control Board.

2. Which section lets the Central Government give directions?

Section 5 of the Environment (Protection) Act, 1986.

3. Where does an appeal from the Tribunal go?

To the Supreme Court.