Consider the following statements regarding the Environment (Protection) Act, 1986:

Question

Consider the following statements regarding the Environment (Protection) Act, 1986:

I. It was passed to give effect to the decisions of the Stockholm Conference (1972).

II. Section 5 empowers the Central Government to issue binding directions, including closure of industries.

III. The Act explicitly repeals all other environmental laws (Water Act, Air Act, Forest Act).

Which of the statements given above is/are correct?

1. A. I and II only (Correct answer)
2. B. I and III only
3. C. II and III only
4. D. I, II and III

Correct Answer

Option A — I and II only

Detailed Solution & Explanation

The correct answer is I and II only.

Key Points

• Statement I is correct. The EPA 1986 was enacted to give effect to the decisions of the Stockholm Conference, 1972, using the Article 253 treaty-implementation power.
• Statement II is correct. Section 5 empowers the Central Government to issue binding directions, expressly including closure of industries and stoppage of electricity or water supply.
• Statement III is incorrect, and it is the error the question turns on. The Act does not repeal the Water Act, Air Act or Forest Act. All remain in force; the EPA operates alongside and above them as an umbrella statute filling the gaps.

Additional Information

• Repeal would defeat the Act's own design. Its value lies in supplying a general enabling power wherever the medium-specific statutes are silent, which is why almost every subsequent rule and notification is issued under it.
• The three statutes divide the ground: the Water Act 1974 for water, the Air Act 1981 for air, and the EPA 1986 for everything, including hazardous waste, noise, plastics and coastal regulation.
• The Act was passed in the wake of the Bhopal disaster of 1984, which had exposed the fragmentation of the earlier law.
• Notice the recurring pattern in this paper's statement questions: the false statement is the one claiming a law replaces, repeals or applies only to something.