You are appointed as an officer heading the section in Environment Pollution Control Board to ensure compliance and its follow-up. In that region, there were large number of small and medium industries which had been granted clearance. You learnt that these industries provide employment to many migrant workers. Most of the industrial units have got environmental clearance certificate in their possession. The environmental clearance seeks to curb industries and projects that supposedly hamper environment and living species in the region. But in practice, most of these units remain to be polluting units in several ways like air, water and soil pollution. As such, local people encountered persistent health problems.
It was confirmed that majority of the industries were violating environmental compliance. You issued notice to all the industrial units to apply for fresh environmental clearance certificate from the competent authority. However, your action met with hostile response from a section of the industrial units, other vested interest persons and a section of the local politicians. The workers also became very hostile to you as they felt that your action would lead to the closure of these industrial units, and the resultant unemployment will lead to insecurity and uncertainty in their livelihood. Many owners of the industries approached you with the plea that you should not initiate harsh action as it would compel them to close their units, and cause huge financial loss, shortage of their products in the market. These would obviously add to the sufferings of the labourers and the consumers alike. The labour union also sent you representation requesting against the closure of the units. You simultaneously started receiving threats from unknown corners. You however received supports from some of your colleagues, who advised you to act freely to ensure environmental compliance. Local NGOs also came to your support and they demanded the closure of the polluting units immediately.
(a) What are the options available to you under the given situation? (b) Critically examine the options listed by you. (c) What type of mechanism would you suggest to ensure environmental compliance? (d) What are the ethical dilemmas you faced in exercising your option?
Approach · directive: “what / critically examine”
What it asks · (a) List your options as head of the compliance section; (b) examine them critically; (c) suggest a mechanism to ensure environmental compliance; (d) name the ethical dilemmas you faced.
It asks 4 things — answer each
- (a) List the options available to you under the given situation
- (b) Critically examine the options listed
- (c) Suggest a mechanism to ensure environmental compliance
- (d) Identify the ethical dilemmas you faced in exercising your option
Open with · The value conflict: public health and the environment versus livelihoods, since enforcement may cost migrant workers their jobs while tolerating violations costs residents their health; then the stakeholders.
Cover
- Stakeholders: residents, workers, owners, consumers, politicians, NGOs and colleagues, the Board and the environment, each with its stake.
- (a)/(b) Merits–demerits table: withdraw the notices, close every unit at once, or graded enforcement under Section 5 of the Environment (Protection) Act, 1986.
- My option: graded enforcement after a joint meeting, with police protection; justified by Vellore Citizens (1996): precaution and polluter pays.
- (c) Long-term mechanism: real-time monitoring (Gujarat's CEMS and Surat's 2019 emissions market), polluter pays with participation (Daurala), shared CETPs, public ratings and deterrence.
- (d) Dilemmas: health under Article 21 (Subhash Kumar, 1991) v. livelihoods, rule of law v. compassion, duty v. safety, independence v. political pressure.
Close with · Firm, phased and transparent enforcement that helps workers and small units honours Article 48A's call to protect and improve the environment without trading one group's suffering for another's.
Add value (verified)
- Vellore Citizens Welfare Forum v Union of India (Supreme Court, 28 August 1996): the Precautionary Principle and the Polluter Pays principle are essential features of sustainable development.Vellore Citizens Welfare Forum v Union of India & Ors, Supreme Court of India, 28 August 1996 — Indian Kanoon ↗“We are, however, of the vies that "The Precautionary Principle" and "The Polluter Pays" principle are essential features of "Sustainable Development".”
- Section 5, Environment (Protection) Act, 1986: the power to issue binding directions includes directing the closure, prohibition or regulation of any industry, and stopping its electricity or water supply.The Environment (Protection) Act, 1986, Section 5 — Indian Kanoon ↗“the power to issue directions under this section includes the power to direct (a) the closure, prohibition or regulation of any industry, operation or process; or (b) stoppage or regulation of the supply of electricity or water or any other service.”
- Gujarat (5 June 2019): the world's first particulate-emissions trading market was launched in Surat, building on the Gujarat Pollution Control Board's use of continuous emissions monitoring systems to track industrial emissions in real time.India Launches World's First Particulate Emission Trading — Economic Growth Center, Yale University, 6 June 2019 ↗“The emissions trading program builds on another early innovation by the GPCB, the use of continuous emissions monitoring systems to track industry emissions in real time. About 350 industries around Surat have installed continuous emissions monitoring systems and now transmit real-time, high-quality emissions data.”
- Subhash Kumar v State of Bihar (Supreme Court, 9 January 1991): the right to life under Article 21 includes the right to enjoy pollution-free water and air.Subhash Kumar v State of Bihar & Ors, Supreme Court of India, 9 January 1991 — Indian Kanoon ↗“Article 21-Right to live includes right to enjoyment of pollution free water and air- A citizen has a right to invoke Article 32 for removing pollution.”
- Article 48A: the State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.Constitution of India, Article 48A — Legislative Department, Ministry of Law and Justice ↗“48A. Protection and improvement of environment and safeguarding of forests and wild life.—The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.”
Question: UPSC's CS (Main) 2022, GS Paper IV — paper ↗. Approach: Minimalist IAS, checked 1 Oct 2026 (how we verify) — UPSC publishes no model answers. ·
Model answer· 370words · Minimalist IAS
Public health and the environment versus livelihoods: enforcement may cost migrant workers their jobs, but tolerating violations costs residents their health.
Stakeholders: residents (health); workers (jobs); owners (their units); consumers (supply); politicians (patronage); NGOs and colleagues (the law upheld); the Board (credibility); the environment.
(a) Options available and (b) their critical examination
| Option | Merits | Demerits |
|---|---|---|
| Withdraw the notices | Buys peace | Abets violations; health harm continues |
| Close all units at once | Quick compliance | Mass job loss; weak without unit-wise findings |
| Graded enforcement | Proportionate; worst first | Needs capacity and firm deadlines |
- Graded enforcement in detail: rank units by risk, seal those posing imminent harm, give time-bound plans backed by bank guarantees, and levy compensation on repeat violators. Section 5 of the Environment (Protection) Act, 1986 allows directions for "the closure, prohibition or regulation of any industry".
- My option, and why: graded enforcement, after a joint meeting of labour, owners, NGOs and the district administration, with police protection against threats. In Vellore Citizens (1996) the Supreme Court held the "Precautionary Principle" and the "Polluter Pays" principle essential to sustainable development; consultation must never become bargaining over the law.
(c) Mechanism to ensure environmental compliance: the long-term fix
- Real-time monitoring: online emission and effluent monitors linked to the Board. Gujarat's Pollution Control Board used continuous emissions monitoring around Surat, and the State then launched the world's first particulate-emissions trading market there (2019).
- Polluter pays with participation: at Daurala near Meerut, industry, NGOs and officials applied the "Polluter pays" principle with people's participation to restore the ecology.
- Shared infrastructure: common effluent treatment plants and credit for cleaner technology for small units; consent renewal tied to compliance.
- Transparency and deterrence: public unit-wise compliance ratings, community monitoring committees, graded penalties and protection for inspectors.
(d) Ethical dilemmas I faced in exercising my option
- Health v. livelihoods: residents' right to "pollution free water and air" under Article 21 (Subhash Kumar, 1991) against workers' jobs.
- Rule of law v. compassion: for small units; also duty v. personal safety, independence v. political pressure, and fair procedure v. NGOs' demand for instant closure.
Firm, phased and transparent enforcement that helps workers and small units honours Article 48A's call to "protect and improve the environment" without trading one group's suffering for another's.
Prepared by Minimalist IAS to the answer standard of Shivam Singh (mentor, 7 years) · facts checked against official sources (how we verify) · updated 1 Oct 2026. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.
