ENVIRONMENT INTERNAL NOTES

Q1) Define environment kinds and causes of environmental

pollution?

Ans> The term environment refers to the natural surroundings in which

living organisms exist and interact. It includes air, water, land, flora,
fauna, and human-made structures. Environmental pollution is the
contamination of these elements, leading to adverse effects on living
beings and ecosystems. The causes of pollution can be categorized into
natural and artificial sources.
Types of Environmental Pollution
1. Natural Pollution:
o Occurs due to natural forces without human intervention.
o Examples: Floods, soil erosion, volcanic eruptions,
earthquakes, and forest fires.
o While these are destructive, they are part of the earth’s
natural processes and not caused by human activities.
2. Artificial Pollution:
o Caused by human activities, industrialization, and
urbanization.
o Includes pollution due to industrial emissions, deforestation,
mining, hunting, and excessive exploitation of natural
resources.
o Greenhouse gas emissions, acid rain, and climate change
are major consequences of artificial pollution.
Major Causes of Environmental Pollution
Environmental pollution is further categorized based on the medium it
affects:
1. Air Pollution – Caused by emissions of carbon dioxide, sulfur
dioxide, and other toxic gases from industries and vehicles.
 2. Water Pollution – Results from industrial waste disposal,
domestic sewage, and chemical contamination.
3. Soil Pollution – Due to excessive use of pesticides, deforestation,
and improper waste disposal.
4. Noise Pollution – From industrial machinery, urban traffic, and
construction activities.
5. Radioactive Pollution – Caused by nuclear power plants,
radioactive waste, and accidents.
6. Thermal Pollution – Increase in water temperature due to
industrial discharge, affecting aquatic life.
7. Solid Waste Pollution – Includes domestic, industrial, and
agricultural waste that pollutes land and water bodies.

Q2) Constitutional provisions related to environmental protection

(Article 21, 19 and 14)?

Ans> The Indian Constitution does not explicitly mention the "right to a
clean environment," but the judiciary has interpreted fundamental rights
to include environmental protection. Articles 14, 19, and 21 of the
Constitution have been instrumental in ensuring environmental justice
and sustainable development.

1. Article 14: Right to Equality and Environmental Protection

Article 14 ensures equality before the law and equal protection of laws.
Environmental jurisprudence has linked Article 14 to the "Doctrine of
Non-Arbitrariness," meaning that government policies and actions
impacting the environment must be fair and non-discriminatory.
• Case Law: MC Mehta v. Union of India (1987) – The Supreme
Court ruled that industries causing environmental degradation
must be held accountable and treated equally under environmental
laws.
2. Article 19: Right to Freedom and Environmental Restrictions
Article 19(1)(g) guarantees the right to practice any profession, trade, or
business. However, Article 19(6) permits reasonable restrictions in the
interest of the public, which includes environmental concerns.
• Case Law: P.A Jacob vs S.P Kottayam, 1993 – The Kerala High
Court held that the freedom of speech under Article 19 (1) (a),
does not include freedom to use loudspeakers or sound amplifiers.

3. Article 21: Right to Life and a Healthy Environment

Article 21 guarantees the right to life and personal liberty, which has
been interpreted to include the right to a clean and healthy environment.
• Case Law: R.L.E Kendra vs State of U.P, 1985 – The Right to
live implies the Right to live in a healthy environment, Therefore
the mining operations which were playing Havoc with human
health & disrupting the ecology of Mussoorie Hill were directed to
be stopped.

Q3) What is PIL & Explain the writ of Mandamus, Prohibition &
Certiorari?

Ans> 1. Public Interest Litigation (PIL)

Public Interest Litigation (PIL) is a legal mechanism that allows
individuals or groups to file petitions before the court for the enforcement
of rights affecting the public at large. It enables the judiciary to address
matters of social justice, human rights, and environmental protection.
Key Features of PIL:
• It can be filed by any individual or organization on behalf of the
affected public, even if they are not directly aggrieved.
• It seeks to ensure access to justice for marginalized and
underprivileged sections of society.
• The Supreme Court and High Courts entertain PILs under Article
32 and Article 226 of the Indian Constitution, respectively.
Relevant Case Law:
M.C. Mehta v. Union of India (1987) – The Supreme Court issued
environmental protection guidelines under PIL jurisdiction, leading to
significant environmental safeguards.

(i) Writ of Mandamus

Mandamus is issued to a public authority, commanding it to perform a
public duty it has refused or failed to do.
• It cannot be issued against a private individual or company.
• It ensures that public officials act within their legal authority.
Case Law:
• Gujarat State Financial Corporation v. Lotus Hotels (1983) –
The Supreme Court issued a writ of mandamus directing the
financial corporation to fulfill its contractual obligations.
(ii) Writ of Prohibition
Prohibition is issued by a higher court to a lower court or tribunal,
preventing it from exceeding its jurisdiction or acting contrary to law.
• It is preventive in nature and ensures judicial discipline.
Case Law:
• Govind Menon v. UOI (1957) – The Supreme Court issued a writ
of prohibition against an inferior tribunal exceeding its jurisdiction.
(iii) Writ of Certiorari
Certiorari is issued by a higher court to a lower court or tribunal to quash
an order that has been passed beyond its jurisdiction or in violation of
principles of natural justice.
• It ensures judicial review and corrects errors of law.
Case Law:
• A.K. Kraipak v. Union of India (1969) – The Supreme Court held
that the principles of natural justice must be followed, and issued
certiorari against administrative actions violating them.
Q4) Environment Protection Act, 1986, Section 3 powers and
functions, Introduction, aims, objectives and Features?

Ans> The Environment Protection Act, 1986 (EPA) was enacted in

response to the Bhopal Gas Tragedy to provide a comprehensive legal
framework for environmental protection in India. The Act grants the
Central Government extensive powers to take necessary measures for
protecting and improving the environment, controlling pollution, and
implementing sustainable development policies.
Aims and Objectives
The primary objectives of the EPA, 1986, include:
1. Protection and improvement of the environment.
2. Prevention, control, and abatement of environmental pollution.
3. Coordination of state and central efforts for environmental
conservation.
4. Implementation of international treaties related to environmental
protection.
5. Regulation of hazardous substances to prevent environmental
hazards.
Key Features of Section 3
Section 3 of the EPA, 1986, empowers the Central Government to take
necessary measures to safeguard the environment. The key provisions
include:
1. General Power to Take Measures: The Central Government has
the authority to take all necessary steps for environmental
protection and pollution control.
2. Coordination Among Authorities: It can direct State
Governments and other authorities to implement environmental
laws effectively.
3. Setting Standards: It can establish environmental quality and
pollution emission standards.
4. Industrial Regulation: It may restrict or prohibit industrial
operations in specific areas.
5. Accident Prevention and Hazardous Substances
Management: It can lay down procedures for handling hazardous
substances and preventing environmental accidents.
6. Research and Monitoring: It can conduct research on
environmental issues and inspect industries for compliance.
7. Establishment of Environmental Institutions: It may set up
environmental laboratories and research institutes.
8. Public Awareness and Information Dissemination: It can
spread environmental awareness and prepare manuals and
guidelines.
9. Creation of Authorities: The government may establish
regulatory authorities to oversee environmental management.