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 233
• C. Article 252
• D. None of the above

Hint:

When Parliament makes laws on "State List" subjects (like air pollution) based on state requests, Article 252 is the constitutional anchor!

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
Environmental protection is generally a state subject. However, Parliament can legislate on state subjects under specific constitutional conditions.

Step 2: Key Formula or Approach:
Identify the article that allows Parliament to enact laws on subjects in the State List if resolutions are passed by the legislatures of two or more states.

Step 3: Detailed Explanation:
- The Air (Prevention and Control of Pollution) Act, 1981, was enacted by Parliament under the authority granted by Article 252 of the Constitution.
- Article 252 provides that if two or more State Legislatures pass resolutions requesting Parliament to regulate a matter in the State List, Parliament may enact a law for those states.
- Several states passed the necessary resolutions, enabling the Parliament to enact this uniform environmental legislation.

Step 4: Final Answer:
The primary legislative basis is Article 252, making (C) the correct choice.

Answer 2

The question asks which constitutional article gave Parliament the primary legislative basis to enact the Air (Prevention and Control of Pollution) Act, 1981. Checking each article against its actual constitutional function identifies the right one.

1. Article 253: This article empowers Parliament to legislate for giving effect to international treaties, agreements, or conventions, regardless of the ordinary distribution of legislative power between the Union and the States. The Air Act, however, was not enacted to implement an international treaty obligation; it followed the Stockholm Conference in a general sense, but its actual enabling route was different.
2. Article 233: This article deals with the appointment of district judges by the Governor of a State in consultation with the High Court. It concerns the judiciary's appointment process and has no connection whatsoever to Parliament's power to legislate on environmental or pollution control matters.
3. Article 252: This article allows Parliament to legislate on a matter otherwise falling in the State List if two or more State Legislatures pass resolutions requesting Parliament to do so, and the resulting law applies to the consenting states. Environmental and pollution matters largely fall within the State List, and several states passed such resolutions specifically enabling Parliament to enact a uniform air pollution law, which is exactly the route the Air Act followed.
4. None of the above: Since Article 252 correctly explains the enabling mechanism used for the Air Act, there is an applicable article among the choices, so this option is unnecessary and incorrect.

Because the Air Act was passed pursuant to state resolutions requesting a uniform central law on a subject otherwise within the State List, Article 252 is the specific enabling provision, not Article 253's treaty-implementation power, Article 233's judicial appointment provision, or an absence of any applicable article.

Therefore, the correct answer is Article 252.