Principle 1: Polluter Pays Principle
The 'Doctrine of Polluter Pays' is a well-established principle of environmental law, which places an obligation of compensating the damage to the people who ought to reimburse it and also have the capacity to disburse it. The principle explicitly affirms that the person who damages or destructs the environment has the absolute obligation to bear the cost of ameliorating the environment. In Enviro Legal Action v. Union of India case, the Apex Court of India held that the polluter is legally responsible to reimburse the individual sufferers as well as pay for the revitalization of the damaged environment.
Principle 2: Principle of Strict Liability
The principle of Strict Liability was established in the year 1868 in the case of Rylands v. Fletcher, where the Court held that any person who uses his/her land in an 'unnatural manner' and who keeps any 'hazardous substance' on such premises would be held liable under the principle of strict liability for any 'damage' occurred on the 'escape' of such perilous substance. However, the person is liable only when there is non-natural use of land; the principle also restricts liability when the escape is due to an act of strangers, Act of God, for example a natural calamity; due to the person injured or when it happens with the consent of the person injured or with statutory authority.
Principle 3: Principle of Absolute Liability
The absolute liability is a stringent form of Strict Liability as it is devoid of any exceptions that were mentioned under the earlier principle. for the first time in the case of M.C. Mehta v. Union of India. This principle implies that whenever an enterprise is engaged in any dangerous or hazardous activity that threatens the people working in the enterprise and those living nearby, it owes an absolute and non-delegable duty to the community that no harm will be caused. If harm is indeed caused, the enterprise will have to compensate for damages, and can‘t use exceptions provided in the case of strict liability. The enterprise can‘t claim that the harm has not been caused due to negligence (absence of due care) or that it had taken all reasonable precautions.
Under which of the following principles, will the company LG Polymers be liable?
- Polluter Pays Principle
- Strict Liability
- Absolute Liability
- All of the above
The Correct Option is D
Solution and Explanation
As per the Polluter Pays Principle, LG Polymers will be liable to pay:
- Amount of Money for restoration of environment only.
- Amount of Money for restoration of environment and compensation to Individuals who suffered the loss.
- Compensation to the victims.
- None of the above.
The Correct Option is B
Solution and Explanation
A company ABC limited operates an industrial chemical plant in the city of Azadnagar. Due to an earthquake on July 22, 2020, the valves of the reactors in the plant get damaged due to which the operators could not properly transport the hazardous gas for chemical vaporisation, resulting in the gas leakage. The gas leakage resulted in the death of 12 workers of the plant and also some people living nearby the Plant. In this situation, in order to decipher the liability of ABC Limited, choose the best option:
- ABC Limited can be held liable under the principles of Strict and Absolute Liability and Polluter pays principle as well.
- ABC Limited can be held liable under the Polluter Pays Principle and the Principle of Absolute Liability, but can be exempted under the rule of Strict Liability.
- ABC Limited will not be held liable under any of the Principles.
- ABC Limited will be held liable under Strict and Absolute Liability principles but the Principle of ―Polluter Pays‖ will not be applicable to this situation.
The Correct Option is B
Solution and Explanation
The argument of LG Polymers that, they did not know that the Styrene Gas could leak:
- is a strong argument and can reduce their liability under the Polluter Pays Principle
- is a strong argument and can reduce their liability under the Strict Liability Principle.
- is a weak argument and will not help in reducing the liability of LG Polymers under any of the principles.
- is a weak argument but may help in reducing their liability under the Strict Liability Principle.
The Correct Option is C
Solution and Explanation
XYZ is a company operating a Pesticide Factory in the city of Rampur. On one day, due to the negligence of Factory staff, there is a leakage of the Pesticide gas as a result of which, many pests and insects which feed on the plantation crops in the nearby farm are killed. There is no harm caused to the people living nearby or the workers of the Pesticide Factory. However, the leakage was so humungous that it reduced the quality of air in the city causing breathing problems for the people living around in the area. In this case,
- XYZ will be absolutely liable but not strictly liable.
- XYZ will not be liable under the Strict and Absolute liability principles because the leakage only killed the pests and insects.
- XYZ‘s liability under the Strict and Absolute liability principles will depend upon the inquiry as to whether the leaked pesticide gas was a hazardous substance/activity or chemical or not and; XYZ will be liable under the Polluter Pays Principle.
- XYZ will not be liable under the Polluter Pays Principle.
The Correct Option is C
Solution and Explanation
Top Questions on Environmental Law
- Which of the following statement is not true regarding the object of the National Green Tribunal Act, 2010?
- AILET LLM - 2026
- Legal Studies
- Environmental Law
- The Parliament has enacted an Act to provide for the constitution of the Commission for the purpose of protecting and improving the quality of the air in the National Capital Region and adjoining areas. The name of the Act is
- AILET LLM - 2026
- Legal Studies
- Environmental Law
Today, in the year 2025, we have been experiencing the drastic consequences of large scale destruction of environment on human lives in the capital city of our country and in many other cities. At least for a span of two months every year, the residents of Delhi suffocate due to air pollution. The AQI level is either dangerous or very dangerous. They suffer in their health. The other leading cities are not far behind. The air and water pollution in the cities is ever increasing. Therefore, coming out with measures such as the 2021 Official Memorandum is violative of fundamental rights of all persons guaranteed under Article 21 to live in a pollution free environment. It also infringes the right to health guaranteed under Article 21 of the Constitution.
The 2021 OM talks about the concept of development. Can there be development at the cost of environment? Conservation of environment and its improvement is an essential part of the concept of development. Therefore, going out of the way by issuing such OMs to protect those who have caused harm to the environment has to be deprecated by the Courts which are under a constitutional and statutory mandate to uphold the fundamental right under Article 21 and to protect the environment. In fact, the Courts should comedown heavily on such attempts. As stated earlier, the 2021 OM deals with project proponents who were fully aware of the EIA notification and who have taken conscious risk to flout the EIA notification and go ahead with the construction/continuation/expansion of projects. They have shown scant respect to the law and their duty to protect the environment. Apart from violation of Article 21, such action is completely arbitrary which is violative article 14 of the Constitution of India, besides being violative of the 1986 Act and the EIA notification.
(Extracted with edits from Vanashakti v. Union of India, 2025 INSC 718)- CLAT PG - 2026
- Legal Studies
- Environmental Law
With the Paris Agreement, countries established an enhanced transparency frame work (ETF). Under ETF, starting in 2024, countries will report transparently on actions taken and progress in climate change mitigation, adaptation measures and support provided or received. It also provides for international procedures for the review of the submitted reports.
The information gathered through the ETF will feed into the Global stocktake which will assess the collective progress towards the long-term climate goals. This will lead to recommendations for countries to set more ambitious plans in the next round.
Although climate change action needs to be massively increased to achieve the goals of the Paris Agreement, the years since its entry into force have already sparked low-carbon solutions and new markets. More and more countries, regions, cities and companies are establishing carbon neutrality targets. Zero-carbon solutions are becoming competitive across economic sectors representing 25% of emissions. This trend is most noticeable in the power and transport sectors and has created many new business opportunities for early movers. By 2030, zero-carbon solutions could be competitive in sectors representing over 70% of global emissions.
(Extracted with edits from the website UNFCCC.INT)- CLAT PG - 2026
- Legal Studies
- Environmental Law
- Air Pollutant under the Air (Prevention and Control of Pollution) Act, 1981 would include: (A) Solid Substance
(B) Liquid Substance
(C) Noise
(D) Chimney Choose the correct answer from the options given below:- CUET (PG) - 2025
- LLM
- Environmental Law
Questions Asked in CLAT exam
- In a language laboratory, students were given an interesting puzzle involving the word "ELECTROCARDIOGRAPH." The teacher explained that such exercises not only test logical skills but also sharpen attention to detail. According to the challenge, the word had to undergo a series of transformations. First, the class was asked to take the first half of the letters, reverse their order and make the arrangement of letters look quite different from the original. Next, the students were told to identify the last but one letter of the original word and place it at the very beginning, a step that changed the opening appearance of the sequence completely. Finally, as a finishing touch, they had to add the letter 'S' at the end. Following these steps carefully would lead them to the correct transformed word, and only those who adhered to each condition in the exact order could solve the puzzle successfully. (150 words)
- CLAT - 2026
- Coding Decoding
On the night of October 12th, the "Sunburst Medallion" was stolen from the highly secured display case in the city museum. The theft occurred sometime between the museum closing at 10:00 PM and the night guard, Mr. Hemant, completing his final round at 1:00 AM. Three primary suspects were identified, all of whom had recently been dismissed from their museum positions: Anjali, the former curator; Bharat, the former security expert; and Chitra, the former exhibits designer.
Here are the established facts and their alibis:
- The security system logs show that the display case was opened using a specific five-digit code, which only Anjali and the museum director (who was out of the country) knew.
- Bharat's alibi is that he was at a distant relative's birthday party from 8:00 PM to 1:30 AM. Multiple independent witnesses confirmed his presence throughout the entire period.
- Chitra's alibi is that she was working late at a downtown graphic design studio. A time-stamped security camera from the studio's entrance shows her entering at 7:00 PM and exiting at 11:45 PM. The studio is a 20-minute drive from the museum.
- Mr. Hemant, the night guard, stated he checked the medallion at 10:30 PM, and it was still there.
Further investigation revealed that a small, distinctive silver button was found near the display case. Anjali is known to frequently wear a coat with similar unique silver buttons. The security expert, Bharat, had previously boasted that he could remotely disable a certain type of magnetic lock—the same type used on the medallion's case—without needing the code, though the log suggests the code was used. (269 words)
- CLAT - 2026
- Assertion and Reason
In a small town lived a close-knit family where every relation could be expressed through simple symbols. For instance, when they said \( A \times B \), it meant \( A \) is the father of \( B \), while \( A \div B \) meant \( A \) is the mother of \( B \). The younger ones were often introduced with \( A + B \), meaning \( A \) was the daughter of \( B \), and the bond of brotherhood was shown by \( A - B \) (A is brother of B).
One day, the children in the family turned these symbols into a playful code. Instead of introducing their parents and siblings in words, they spoke only in symbols. “Look,” giggled little Meena, “\( M + N \div O \)!” Everyone laughed, because they knew it meant Meena was the daughter of \( N \), and \( N \) was the mother of \( O \), making her \( O \)’s sister. What started as a code soon became a family game, making the bonds of father, mother, daughter, and brother not just relations, but symbols of love and togetherness. (165 words)
- CLAT - 2026
- Blood Relations
Four teams – Red (R), Blue (B), Green (G), and Yellow (Y) – are competing in the final four rounds of the Inter-School Science Olympiad, labeled Round A, Round B, Round C, and Round D. Each round consists of one match between two teams, and every team plays exactly two matches. No team plays the same opponent more than once.
The final schedule must adhere to the following rules:
- Rule 1 (Consecutive Play): The Green team (G) must play their two matches in consecutive rounds.
- Rule 2 (Fixed Appearance): The Yellow team (Y) must play in Round B.
- Rule 3 (Positional Constraint): The Red team (R) must play against the Blue team (B) in a round that is immediately before a round in which neither R nor B is playing.
- Rule 4 (Timing): The Blue team's (B) first match must occur in an earlier round than the Green team's (G) first match.
- Rule 5 (Opponent Link): The team that plays against the Red team (R) in the round that is not against the Blue team (B), is the same team that plays in Round D.
(193 words)
- CLAT - 2026
- Seating Arrangement
Health insurance plays a vital role in ensuring financial protection and access to quality healthcare. In India, however, the extent and nature of health insurance coverage vary significantly between urban and rural areas. While urban populations often have better access to organized insurance schemes, employer-provided coverage, and awareness about health policies, rural populations face challenges such as limited outreach of insurance schemes, inadequate infrastructure, and lower awareness levels. This urban-rural divide in health insurance coverage highlights the broader issue of healthcare inequality, making it essential to analyze the factors contributing to this gap and explore strategies for more inclusive health protection. A state-level health survey was conducted.
The survey covered 1,80,000 adults across urban and rural areas. Urban residents formed 55% of the sample (that is, 99,000 people) while rural residents made up 45% (that is, 81,000 people). In each area, coverage was classified under four heads – Public schemes, Private insurance, Employer-provided coverage, and Uninsured. In urban areas, Public coverage accounted for 28% of the urban population, Private for 22%, Employer for 18%, and the remaining 32% were Uninsured. In rural areas, where formal coverage is generally lower, Public coverage stood at 35%, Private at 10%, Employer at 8%, while 47% were Uninsured.
For this survey, “Insured” includes everyone covered by Public + Private + Employer schemes, and “Uninsured” indicates those with no coverage at all. Officials noted that public schemes remain the backbone of rural coverage, while employer and private plans are relatively more prevalent in urban centres. (250 words)
- CLAT - 2026
- Ratio and Proportion