Power of Central Government to take measures to protect and improve environment
(1) Subject to the provisions of this Act, the Central Government, shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing controlling and abating environmental pollution.
(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely:—
(i) co-ordination of actions by the State Governments, officers and other authorities— (a) under this Act, or the rules made thereunder, or (b) under any other law for the time being in force which is relatable to the objects of this Act;
(ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution;
(iii) laying down standards for the quality of environment in its various aspects;
(iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever:
Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources;
(v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards;
(vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents;
(vii) laying down procedures and safeguards for the handling of hazardous substances;
(viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution;
(ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution;
(x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution;
(xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act;
(xii) collection and dissemination of information in respect of matters relating to environmental pollution;
(xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution;
(xiv) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act.
(3) The Central Government may, if it considers it necessary or expedient so to do for the purpose of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures.
In plain English
What this section actually means
Section 3 is the cornerstone of the Act. Sub-section (1) does something rare in Indian statutes: it gives the Central Government a general, open-ended power to take 'all such measures' it considers necessary or expedient to protect and improve environmental quality. The phrase 'all such measures' is what makes EPA an 'umbrella' law — virtually every environmental notification of the last three decades has been issued under this single sub-section.
Sub-section (2) does not narrow that power; it illustrates it. Fourteen sub-clauses spell out specific things the Centre may do — coordinate State action (clause i), launch a nation-wide pollution programme (ii), set environmental quality standards (iii) and emission standards (iv), declare no-go and restricted zones (v), prescribe accident safeguards (vi), regulate hazardous-substance handling (vii), study harmful materials (viii), fund research (ix), inspect premises and issue directions (x), set up laboratories (xi), publish information (xii), prepare manuals and codes (xiii), and as a final catch-all, do 'such other matters' as it considers necessary (xiv).
Clause (v) is the legal anchor for the Coastal Regulation Zone Notification, the Eco-Sensitive Zone notifications around protected areas, and the no-development zones around airports and heritage sites. Clause (iv) anchors the National Ambient Air Quality Standards (NAAQS) and the Industry-specific Effluent Standards in Schedule I of the EP Rules. Clause (vi) anchors the Manufacture, Storage and Import of Hazardous Chemicals Rules. The famous Environment Impact Assessment Notification of 2006 is justified under clauses (iii), (iv) and (v) read together.
Sub-section (3) lets the Centre create dedicated authorities to wield its powers. This is how the Central Pollution Control Board, the National Coastal Zone Management Authority, the Environment Pollution (Prevention and Control) Authority for the NCR (EPCA, since dissolved), and the Commission for Air Quality Management have at various points received their teeth.
Step by step
How the procedure works
- 1
Centre identifies an environmental problem
MoEFCC, CPCB or a court direction surfaces a problem — e.g., rising NO₂ in metros, an unregulated chemical, a new e-waste stream.
Actor: Central Government / CPCB - 2
Choose the lever
Section 3(2)(iii) for a quality standard, (iv) for an emission limit, (v) for area-based restriction, (vii) for hazardous-substance procedure.
Actor: MoEFCCSection 3(2) - 3
Notification or Rule
Draft notification published in the Official Gazette, often after a 60-day public-comment window.
Actor: MoEFCC - 4
Final notification
After considering objections, a final notification is gazetted and the standard / restriction comes into force.
Actor: MoEFCC - 5
Enforcement
Operationalised through Section 7 (no excess emission), Section 8 (handling safeguards), Section 15 (penalty), Section 5 (directions).
Actor: CPCB, SPCBs, authorised officers
Visual
See how it flows
Real life
What this looks like in real life
MoEFCC issues a new hazardous-chemical schedule overnight
Setup. After a chemical accident at a port, MoEFCC notifies a new schedule of restricted chemicals and requires every importer to obtain prior consent before bringing the chemical into India.
What the law does. This is a textbook exercise of Section 3(2)(vii) and (v). Importers cannot challenge the power; their only challenge is on procedural fairness (public consultation, reasonableness of the safeguards). The Centre can act under Section 3 alone — it does not need a fresh legislative basis.
Landmark cases
How the courts have read this
Vellore Citizens Welfare Forum v. Union of India
Supreme Court of India · 1996 · (1996) 5 SCC 647
Section 3 read with the Constitutional duty under Articles 48A and 51A(g) imports the precautionary principle and the polluter-pays principle into Indian environmental law. The Centre's powers under Section 3 must be exercised consistent with these principles.
Indian Council for Enviro-Legal Action v. Union of India (Bichhri case)
Supreme Court of India · 1996 · (1996) 3 SCC 212
Section 3(1) and 3(2)(v) empower the Centre to close or restrict polluting industries — and where it fails to do so, the writ courts will issue mandamus to compel action and recover remediation costs from the polluter.
Cross-references
Read this alongside
- Environment (Protection) Rules, 1986§Rule 3 and Schedule I·Lays down standards for emission and discharge under Section 3(2)(iv).
- EIA Notification, 2006 (S.O. 1533(E))§—·Major notification issued under Section 3(2)(iii)–(v) requiring prior environmental clearance for listed projects.
- Coastal Regulation Zone Notification, 2019§—·Restricts development along the coast under Section 3(2)(v).
Frequently asked
Questions about Section 3
Open this section in the source PDF
Environment Protection Act, 1986.pdf
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