Discussion
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 ?
Answer: C
The basis is Article 253.
The Preamble to the Air (Prevention and Control of Pollution) Act, 1981 records that India took part in the United Nations Conference on the Human Environment at Stockholm in June 1972, which resolved to take steps to preserve natural resources including the quality of air, and that it is considered necessary to implement those decisions. Parliament therefore enacted it under Article 253, its power to legislate to give effect to international agreements and decisions of international conferences.
Article 252 is the trap: the Water (Prevention and Control of Pollution) Act, 1974 was passed under it on the resolutions of State Legislatures, but the Air Act was not. Article 233 deals with the appointment of district judges.
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