List of top Legal Studies Questions on Environmental Law

What does the principle of non-regression mean in International environmental law?

At the heart of Paris Agreement climate change regime is Intended National Determined Contributions (INDC). Which of the following best describes an INDC?

Match the following:

I. Right to a wholesome environment is a facet of the right to life guaranteed under Article 21 of the Constitution of India	1. Research Foundation for Science Technology and Natural Resource Policy v. Union of India (2005) 10 SCC 510
II. Right to information and community participation for protection of environment and human health is also a right which flows from Article 21	2. Orissa Mining Corpn Ltd v. Ministry of Environment and Forests (2013) 6 SCC 476
III. Precautionary principle and polluter pays principle are part of law of the land	3. Subhash Kumar v. State of Bihar AIR 1991 SC 420
IV. Role of gram sabha in safeguarding the customary and religious rights of scheduled tribes and other traditional forest dwellers under the Forest Rights Act	4. Vellore Citizen Welfare Forum v. Union of India (1996) 5 SCC 647

Select the correct option:

Which of the following statement best outlines the principle of Common But Differentiated Responsibilities and Respective Capabilities (CBDR-RC) in international environmental law?

What does the Basel Ban amendment address?

The environmental rule of law, at a certain level, is a facet of the concept of the rule of law. But it includes specific features that are unique to environmental governance, features which are sui generis. The environmental rule of law seeks to create essential tools such as conceptual, procedural and institutional, to bring structure to the discourse on environmental protection. It does so to enhance our understanding of environmental challenges of how they have been shaped by humanity’s interface with nature in the past, how they continue to be affected by its engagement with nature in the present and the prospects for the future, if we were not to radically alter the course of destruction which humanity’s actions have charted.
The environmental rule of law seeks to facilitate a multi-disciplinary analysis of the nature and consequences of carbon footprints and in doing so it brings a shared understanding between science, regulatory decisions and policy perspectives in the field of environmental protection. It recognises that the “law” element in the environmental rule of law does not make the concept peculiarly the preserve of Lawyers and Judges. On the contrary, it seeks to draw within the fold all stakeholders in formulating strategies to deal with current challenges posed by environmental degradation, climate change and the destruction of habitats. The environmental rule of law seeks a unified understanding of these concepts. There are significant linkages between concepts such as sustainable development, the polluter pays principle etc. The universe of nature is indivisible and integrated. The state of the environment in one part of the earth affects and is fundamentally affected by what occurs in another part. Every element of the environment shares a symbiotic relationship with the others. It is this inseparable bond and connect which the environmental rule of law seeks to explore and understand in order to find solutions to the pressing problems which threaten the existence of humanity. The environmental rule of law is founded on the need to understand the consequences of our actions going beyond local, State and national boundaries. The rise in the oceans threatens not just maritime communities. The rise in temperatures, dilution of glaciers and growing desertification have consequences which go beyond the communities and creatures whose habitats are threatened. They affect the future survival of the entire eco-system. The environmental rule of law attempts to weave an understanding of the connections in the natural environment which make the issue of survival a unified challenge which confronts human societies everywhere. 
(Extract from Pragnesh Shah v. Arunkumar Sharma (2022) 11 SCC 493 )

The jurisdiction of this court has been invoked for protecting the Great Indian Bustard and the Lesser Florican, both of whom are on the verge of extinction. India faces a number of pressing near term challenges that directly impact the right to a healthy environment, particularly for vulnerable and indigenous communities including forest dwellers. The lack of reliable electricity supply for many citizens not only hinders economic development but also disproportionately affects communities, including women and low-income households, further perpetuating inequalities. Therefore, the right to a healthy environment encapsulates the principle that every individual has the entitlement to live in an environment that is clean, safe, and conducive to their well-being. The promotion of renewable energy sources plays a crucial role in promoting social equity by ensuring access to clean and affordable energy of all segments of society, especially in rural and undeserved areas. This contributes to poverty alleviation, enhances quality of life, and fosters inclusive growth and development across the nation. Therefore, transitioning to renewable energy is not just an environmental imperative but also a strategic investment in India’s future prosperity, resilience and sustainability. The right to equality under Art. 14 and the right to life under Art. 21 must be appreciated in the context of the decisions of this court, the actions and commitments of the state on national and international level, and scientific consensus on climate change and its adverse effects. By recognising the right to a healthy
environment, states are compelled to prioritise environmental protection and sustainable development, thereby addressing the root cause of climate change and safeguarding the well-being of present and future generations.
(Extract taken from MK Ranjitsinh and Ors v. Union of India, 2024 SC)

India’s first e-waste management clinic is set up in .............

Which international agreement aims to combat climate change by limiting global warming to well below 2 degrees Celsius above pre-industrial levels?

Which of the following Acts is popularly known as Umbrella Legislation?

A manufacturing company in the city of Surat named as ”X” has been discharging untreated industrial waste into a nearby river, violating the provisions of the Environment Protection Act, 1986 and the Water (Prevention and Control of Pollution) Act, 1974. This has resulted in severe pollution, making the river water unsafe for drinking and harming aquatic life. Local farmers and residents, who rely on the river for irrigation and daily needs, have started facing health issues and crop failures due to the contaminated water. Despite multiple complaints to the local pollution control board, no action has been taken against the company.
Based on the above problem, select the correct answer.

The precautionary principle requires the State to act in advance to prevent environmental harm from taking place, rather than by adopting measures once the harm has taken place. In deciding when to adopt such action, the State cannot hide behind the veil of scientific uncertainty in calculating the exact scientific harm. In H.P. Bus-Stand Management & Development Authority v. Central Empowered Committee, (2021) 4 SCC 309, a three-Judge Bench of this Court emphasised the duty of the State to create conceptual, procedural, and institutional structures to guide environmental regulation in compliance with the “environmental rule of law”. The Court noted that such regulation must arise out of a multi-disciplinary analysis between policy, regulatory and scientific perspectives. The Court held:
“The environmental rule of law, at a certain level, is a facet of the concept of the rule of law. But it includes specific features that are unique to environmental governance, features which are sui generis. The environmental rule of law seeks to create essential tools-conceptual, procedural, and institutional to bring structure to the discourse on environmental protection.
It does so to enhance our understanding of environmental challenges-of how they have been shaped by humanity’s interface with nature in the past, how they continue to be affected by its engagement with nature in the present and the prospects for the future, if we were not to radically alter the course of destruction which humanity’s actions have charted. The environmental rule of law seeks to facilitate a multi-disciplinary analysis of the nature and consequences of carbon footprints and in doing so it brings a shared understanding between science, regulatory decisions, and policy perspectives in the field of environmental protection.”
[Extracted with edits from Pragnesh Shah v. Arun Kumar Sharma, (2022) 11 SCC 493].

In which of the following case did the Supreme Court of India explain the Precautionary Principle in detail?

Which of the following is a landmark case on the public trust doctrine in Environmental Law?

Drinking water is of primary importance in any country. In fact, India is a party to the Resolution of the UNO passed during the United Nations Water Conference which reads as under:
“All people, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water in quantum and of a quality equal to their basic needs.” Thus, the right to access to drinking water is fundamental to life and there is a duty on the State under Article 21 to provide clean drinking water to its citizens. There is, therefore, need to take into account the right to a healthy environment along with the right to sustainable development and balance them. Competing Human Rights to healthy environment and sustainable development.

The right to clean and healthy environment has been recognized as a fundamental right under Article 21 of the Constitution of India. Article 48-A imposes a duty upon the State to endeavour to protect and improve the environment and safeguard the forests and wildlife of the Country. In addition to this, India is also a party to international treaties, agreements and conferences and has committed itself to sustainable development and growth. This legal framework indicates that sustainable development must remain at the heart of any development policy implemented by the state. It is essential to strike the right balance between environmental conservation and protection on one hand, and the right to development on the other, while articulating the doctrine of sustainable development. We may add that in our opinion conservation and development need not be viewed as binaries, but as complementary strategies that weave into one another. In other words, conservation of nature must be viewed as part of development and not as a factor stultifying development.

How many goals are mentioned in the SDG ?

In 2015, the then UN Secretary-General Ban Ki-moon highlighted the new development agenda calling on countries to begin efforts to achieve certain goals over the next 15 years. According to him, these goals represent “our shared vision of humanity and a social contract between the world’s leaders and the people”. What are these goals known as ?

Freedom from noise pollution is a part of Art.21, was held in

Humans as well as the wildlife are completely dependent upon environment for their survival. Humans are completely dependent on the environment. Like humans, the wildlife is also dependent on the environment for its survival and also gets affected by the environment. The relationship between humans and animals can be understood by the food-chain and food-web. The wildlife is affected by several reasons such as population, deforestation, urbanisation, high number of industries, chemical effluents, unplanned land-use policies, and reckless use of natural resources, etc.
The Directive Principles of State Policy provide that protection and improvement of environment, safeguarding forest and wildlife have been duly enjoined upon the Government. Those principles have found statutory expression in various enactments i.e., the Wildlife (Protection) Act, 1972 and the Environment Protection Act, 1986 etc. which have been enforced by the court in various decisions. The inaction of the State to constitutional and statutory duties cannot be permitted. The Court has to issue appropriate directions to fulfil the mandate. Article 51-A of the Constitution of India provides fundamental duty to protect and preserve environment, wildlife, etc.

Which of the following are cases relating to environment protection?

Which one of the following statements is not true regarding Water (Prevention and Control of Pollution) Act, 1974?