Question:medium

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?

Show Hint

When Parliament makes laws on "State List" subjects (like air pollution) based on state requests, Article 252 is the constitutional anchor!
Updated On: Jul 13, 2026
  • Article 253
  • Article 233
  • Article 252
  • None of the above
Show Solution

The Correct Option is C

Approach Solution - 1

Pollution control and public health are largely matters that the Constitution leaves to the States under the State List, which makes sense given how closely they are tied to local conditions and local administration. But air pollution does not respect state boundaries, and by the late 1970s it was clear that a patchwork of different state laws would not adequately address it, so there needed to be a route for Parliament to step in with a single, uniform law.

The Constitution actually provides more than one such route, and it matters which one was used. Article 253 lets Parliament legislate to implement an international treaty or agreement, bypassing the usual Union-State division of powers entirely; this was the route used later for the Environment (Protection) Act, 1986, which followed directly from India's commitments after the Stockholm Conference. Article 252 works differently: it lets Parliament legislate on a State List subject only if two or more State Legislatures pass resolutions specifically asking Parliament to do so, and the resulting law then applies to those consenting states, with others free to adopt it later by their own resolution.

The Air (Prevention and Control of Pollution) Act, 1981 followed the Article 252 route: several states passed resolutions requesting Parliament to legislate uniformly on air pollution, and Parliament acted on that basis. Article 233 is entirely unrelated, since it only concerns how district judges are appointed, and since Article 252 is the applicable provision, there is no basis for saying no article applies at all.

So the primary legislative basis for the Air Act, 1981 is Article 252, resting on the state resolutions Parliament received under that provision.
Was this answer helpful?
0
Show Solution

Approach Solution -2

A different way to confirm this is to compare the Air Act with the later Environment (Protection) Act and ask why they are commonly cited under different constitutional bases, since that contrast pins down the correct article here.

  1. Article 253: This is the provision associated with legislation implementing international obligations, and it is the route generally attributed to the Environment (Protection) Act, 1986, passed in the aftermath of an international environmental disaster and building on India's Stockholm Conference commitments. The Air Act predates and is distinguished from that treaty-implementation route.
  2. Article 233: This provision belongs to the chapter on subordinate courts and governs judicial appointments, an entirely separate constitutional subject with no bearing on Parliament's legislative competence over pollution control.
  3. Article 252: Because pollution control sits mostly in the State List, Parliament could not have legislated a uniform air pollution code on its own initiative; it needed the states themselves to hand over that legislative space through resolutions, which is exactly the mechanism Article 252 provides and exactly what happened before the Air Act was passed.
  4. None of the above: Given that Article 252 fits precisely, there is no gap requiring this option, and selecting it would ignore the well-established basis of the Air Act.

Distinguishing the Air Act's state-resolution route under Article 252 from the Environment (Protection) Act's treaty-implementation route under Article 253 confirms which article underlies the statute in question.

Therefore, the correct answer is Article 252.

Was this answer helpful?
0

Top Questions on Environmental Law