The Objects and Scope of the Act

In one line

The Act's object is to protect and improve the environment, its scope is the whole of India, and it applies to everything the definition of environment covers.

In the wording a student can write in an examination: the Environment (Protection) Act 1986 is described in its long title as an Act to provide for the protection and improvement of environment and for matters connected therewith, its preamble recites the decisions taken at the United Nations Conference on the Human Environment held at Stockholm in June 1972 and the consideration that it is necessary to implement those decisions in so far as they relate to the protection and improvement of the human environment and the prevention of hazards to human beings, other living creatures, plants and property, and section 1 provides that it may be called the Environment (Protection) Act 1986, that it extends to the whole of India, and that it shall come into force on such date as the Central Government may by notification appoint, different dates being appointable for different provisions and for different areas.

The long title and what it settles

An Act to provide for the protection and improvement of environment and for matters connected therewith.

Two things follow. The verbs are the verbs of Article 48A, which directs the State to endeavour to protect and improve the environment, so the Act is in terms the implementation of a directive principle. And the object is protection and improvement, not merely the prevention of deterioration, which is why the Act supports remediation and restoration orders and not only prohibitions.

The preamble, clause by clause

Whereas decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment.

This is the Article 253 recital. Without it Parliament could not have legislated for the whole of India on matters in the State List.

And whereas it is considered necessary further to implement the decisions aforesaid in so far as they relate to the protection and improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property.

The word further matters: it acknowledges the Water Act and the Air Act as earlier implementations and presents this Act as completing them. And the objects named, human beings, other living creatures, plants and property, are the same four the definition of environment in section 2(a) uses, so the preamble and the definition are drawn to match.

Section 1, the three sub-sections

Sub-section (1). This Act may be called the Environment (Protection) Act, 1986.

Sub-section (2). It extends to the whole of India.