Context:
- Air pollution in Delhi-NCR remains a persistent public health and governance challenge, with vehicular emissions identified as the primary source, especially PM2.5, carbon monoxide, nitrogen oxides, and benzene.
- The article analyses air pollution through the lens of the Polluter Pays Principle (PPP), judicial interventions, and the evolving shift towards a government-pays or corrective-state approach in India.
Key Highlights:
Sources & Nature of Air Pollution
- Vehicular emissions dominate urban air pollution in Delhi-NCR.
- Stubble burning in Punjab and Haryana is often highlighted but represents only one component of a multi-source, multi-point pollution problem.
- Air pollution is not merely local but has regional and transboundary dimensions, influenced by long-range transport of pollutants.
Polluter Pays Principle (PPP)
- PPP mandates that the polluter bears the cost of environmental damage.
- Recognised in India through Supreme Court of India judgments, notably Vellore Citizens Welfare Forum v. Union of India (1996).
- Incorporated into statutory mechanisms like the National Green Tribunal Act, 2010.
- Challenges arise in applying PPP to air pollution due to:
- Diffuse and multiple pollution sources
- Difficulty in quantifying exact damage
- Transboundary pollution, requiring inter-State and international cooperation
Global & Comparative Jurisprudence
- Reference to the Stanley case (1999) in the UK related to nitrate pollution under the EU Nitrates Directive.
- International frameworks such as:
- Convention on Long-Range Transboundary Air Pollution (CLRTAP)
- ASEAN Agreement on Transboundary Haze Pollution (2002)
- Scientific evidence (e.g., Zhang et al., Nature, 2017) confirms PM2.5 as a long-distance pollutant.
Judicial & Governance Approach in India
- Indian courts have gradually shifted from strict PPP to a government-pays principle, focusing on:
- Corrective measures
- Compensation to victims
- Administrative enforcement
- Environmental statutes empowering the state include:
- Water Act, 1974
- Air Act, 1981
- Environment Protection Act, 1986
- Articles 48A and 51A(g) of the Constitution
- Courts often prioritise welfare and relief over strict cost internalisation due to governance and enforcement limitations.
Role of Activist Judiciary
- Judiciary compensates for administrative and executive failures in pollution control.
- Emphasis on monitoring, directions, and closures, rather than systemic pollution pricing or liability frameworks.
- Environmental duties of citizens remain under-discussed compared to rights.
Relevant Prelims Points:
- Issue: Chronic air pollution in Delhi-NCR.
- Causes:
- Vehicular emissions
- Industrial activity
- Agricultural stubble burning
- Meteorological and transboundary factors
- Key Principles:
- Polluter Pays Principle
- Precautionary Principle
- Institutions & Laws:
- National Green Tribunal
- Air Act, 1981
- Environment Protection Act, 1986
- Challenges:
- Identifying polluters
- Quantifying damage
- Inter-State coordination
Relevant Mains Points:
- Facts & Provisions:
- Environmental protection is part of Directive Principles (Article 48A) and Fundamental Duties (Article 51A(g))
- Right to clean environment flows from Article 21
- Keywords & Concepts:
- Externalities
- Cost internalisation
- Transboundary pollution
- Environmental governance
- Static & Conceptual Linkages:
- Sustainable development
- Federal cooperation in environmental regulation
- Way Forward:
- Strengthen regional air shed management
- Move towards evidence-based pollution pricing
- Improve emission inventories and attribution science
- Enhance Centre–State coordination
- Balance judicial intervention with robust executive capacity
UPSC Relevance (GS-wise):
- GS I: Geography – Urban environmental issues
- GS II: Polity – Judiciary, environmental governance
- GS III: Environment – Air pollution, climate and sustainability
- GS IV: Ethics – Environmental responsibility, intergenerational equity