Q. Consider the following statements regarding “Environmental (Protection) Act, 1986”:
1. The genesis of the Act lies in Article 21 and Article 51A (g) of the Indian Constitution.
2. It has relaxed the rule of “Locus Standi” and a common citizen can approach the Court with respect to environment protection.
Which of the statements given above is/are correct?

[A] 1 only

[B] 2 only

[C] Both 1 and 2

[D] Neither 1 nor 2

Answer: B
Notes:

As compared to all other previous laws on environment protection, the Environment (Protection) Act, 1986 is a more effective and bold measure to fight the problem of pollution.  

  • The genesis of the Environmental (Protection) Act, 1986, thus, is in Article 48A (Directive Principles of State Policy) and Article 51A (g) (Fundamental Duties) of the Indian Constitution.  
  • The Environment (Protection) Act, 1986 has relaxed the rule of “Locus Standi” and because of such relaxation even a common citizen can approach the Court provided he has given a notice of sixty days of the alleged offence and his intention to make a complaint to the Central Government or any other competent authority. 

Source: Shankar  

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