Discuss the legislative framework for controlling air and water pollution in India. Highlight the key provisions and limitations of relevant acts.
In short
India controls air and water pollution through the Water Act, 1974 and Air Act, 1981, which created CPCB and SPCBs and a consent regime, and the umbrella Environment Protection Act, 1986. Their impact is limited by understaffed SPCBs, persistent non-compliance and the 2023-24 decriminalisation amendments that weaken deterrence.
Model answer
Ghissu Editorial · Verified 4 Oct 2026 · 283 words
Pollution Control Boards and Consent Mechanism
The Water Act (1974) and Air Act (1981) established CPCB and SPCBs to regulate pollution through a two-stage consent process for industries, requiring prior approval before establishment and operation to ensure pollution control measures.
Environment Protection Act and Amendments
The 1986 Act provides overarching powers to the central government for environmental protection. Recent amendments under the Jan Vishwas Act (2023) introduced fines replacing many criminal sanctions and delegated adjudication powers, sparking debate on enforcement efficacy and potential weakening of regulatory authority.
Capacity and Compliance Issues
SPCBs face understaffing, lack of technical expertise, and financial constraints, leading to poor enforcement. Andhra Pradesh audits reveal solid waste management deficiencies that add to water pollution, reflecting broader institutional weaknesses.
Judicial Push and Fragmented Jurisdiction
The Supreme Court has urged uniform enforcement of noise pollution rules5, highlighting judicial activism in pollution control. Inter-state river basins like Krishna and Godavari require better coordination among states, which is often lacking due to fragmented jurisdiction over water resources.
Strengthen SPCBs and Harmonise Laws
Invest in technical capacity, adequate staffing, and financial resources for SPCBs, and promote uniform adoption of amendments, especially in Andhra Pradesh, to improve monitoring and enforcement.
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