Under Section 5 of the Environment (Protection) Act, 1986, the Central Government can issue:

Question

Under Section 5 of the Environment (Protection) Act, 1986, the Central Government can issue:

1. A. Advisory guidelines only
2. B. Binding directions, including closure of industries and stoppage of services (Correct answer)
3. C. Recommendations to the Supreme Court only
4. D. Directions to State Governments to amend the Constitution

Correct Answer

Option B — Binding directions, including closure of industries and stoppage of services

Detailed Solution & Explanation

The correct answer is Binding directions, including closure of industries.

Key Points

• Section 5 of the Environment (Protection) Act, 1986 empowers the Central Government to issue directions in writing to any person, officer or authority, who is then bound to comply.
• The section expressly extends to the most severe measures: closure, prohibition or regulation of any industry, operation or process, and stoppage or regulation of the supply of electricity, water or any other service.
• The alternatives understate it — these are not advisory guidelines — or misdescribe it entirely.

Additional Information

• Section 5 is the enforcement teeth of the Act. Without it the standards and notifications made under Sections 3 and 6 would have no immediate sanction behind them.
• The power is subject to a safeguard: before issuing a direction the authority must ordinarily give the affected party an opportunity to be heard, in line with natural justice, though the requirement can be dispensed with in an emergency.
• Contravention of the Act or of a direction under it attracts imprisonment up to five years, a fine up to one lakh rupees, or both, with an additional daily fine for continuing contravention and up to seven years where failure persists beyond a year.
• Section 19 permits a citizen to file a complaint after giving sixty days' notice to the Government — a rare provision opening enforcement beyond the regulator.