Question

Which of the following Articles of the Constitution of India forms the primary legislative basis for the Parliament enacting the Air (Prevention and Control of Pollution) Act, 1981?

• A. Article 253
• B. Article 252
• C. Article 233
• D. None of the above

Hint:

Whenever an environmental statute is linked to the Stockholm Conference, Rio Summit, Paris Agreement, or any international convention, immediately think of: \[ \boxed{\text{Article 253}} \] This is Parliament's treaty-implementation power.

Answer 1

The Correct Option is A

Concept: Environmental protection became an international concern during the twentieth century. India actively participated in global environmental initiatives and subsequently enacted several environmental laws to fulfill its international obligations. The constitutional authority for Parliament to enact laws implementing international treaties and conventions is contained in Article 253 of the Constitution of India.

Step 1: Understanding Article 253.
Article 253 provides that Parliament has the power to make laws for the whole or any part of India for implementing:

• International treaties,

• International agreements,

• International conventions,

• Decisions made at international conferences.
This power exists even if the subject matter ordinarily falls within the State List.

Step 2: Connection with environmental law.
In 1972, the United Nations Conference on the Human Environment was held at Stockholm. India participated in this conference and accepted various commitments relating to environmental protection. To implement these commitments, Parliament enacted environmental legislation, including:

• Water (Prevention and Control of Pollution) Act,

• Air (Prevention and Control of Pollution) Act, 1981,

• Other environmental regulations.

Step 3: Why Article 253 was necessary.
Environmental protection often involves matters falling partly within State subjects. Ordinarily, Parliament may not legislate on exclusive State List matters. However, Article 253 creates a constitutional exception and allows Parliament to enact such laws when implementing international obligations.

Step 4: Why the other options are incorrect.
* Article 252 relates to legislation for States by consent of State Legislatures. * Article 233 concerns appointment of District Judges. * Therefore, neither Article 252 nor Article 233 forms the primary basis of the Air Act.

The Air Act, 1981 derives its constitutional legitimacy primarily from Article 253, which empowers Parliament to implement international environmental commitments.

Answer 2

Since each option names a specific constitutional Article, the reliable way to answer is to recall what each Article actually empowers Parliament to do and see which one matches the situation of implementing an international environmental commitment.

1. Article 253: This Article empowers Parliament to make laws for the whole or any part of India to give effect to international treaties, agreements, conventions, or decisions of international conferences, even on subjects that would ordinarily fall within the State List. The Air Act, 1981 was enacted to implement India's commitments made at the 1972 Stockholm Conference on the Human Environment, which is exactly the kind of international-commitment scenario Article 253 covers.
2. Article 252: This Article allows Parliament to legislate on a State subject only if two or more State Legislatures pass resolutions consenting to such legislation. The Air Act was not enacted through this consent-based route; it was enacted to fulfill an international obligation, not because States requested Parliament to legislate on their behalf.
3. Article 233: This Article deals with the appointment of District Judges by the Governor of a State in consultation with the High Court, a subject entirely unrelated to environmental legislation or international treaty implementation.
4. None of the above: Since Article 253 does in fact match the basis for the Air Act, this residual option is incorrect; a specific and applicable Article exists.

Only Article 253 corresponds to the situation of Parliament legislating to implement an international environmental commitment, which is exactly what produced the Air Act.

The correct answer is therefore Article 253.