Comprehension
The 42nd Constitutional Amendment Act 1976 introduced the concept of environmental protection in an explicit manner into the Constitution through introduction of Article 48-A and Article 51-A (g). In many judgments, the Supreme Court ruled that both the state and its residents have a fundamental duty to preserve and protect their natural resources. The recent judgment obliquely makes way for an enforceable right, and a potential obligation on the state unless the same is overturned by an Act of Parliament.
India is signatory of various international environmental conservation treaties under which India has the binding commitment to reduce carbon emission. During the COP 21. India signed Paris Agreement along with 196 countries, under which universally binding agreement was made to limit greenhouse gas emission to levels that would prevent global temperatures from increasing to more than 1.5 degree Celsius before the industrial revolution. India has committed to generating 50% of its energy through renewable resources and will generate 500 GW of energy from non-fossil fuels by 2030, reducing the carbon emission by 1 billion ton. Additionally, India has committed to achieve net zero carbon emission target by 2070.
Supreme Court's March 21, 2024 verdict builds on the bulwark of jurisprudence in place since 1986, and, through various other judgments, the Supreme Court has recognised the right to clean environment along with right to clean air, water and soil free from pollution which is absolutely necessary for the enjoyment of life. Any disturbance with these basic elements of environment would amount to violation of Article 21. It also establishes duty of the state to maintain ecological balance and hygienic environment. Although right to clean environment has existed; by recognizing the right against climate change it shall compel the states to prioritize environmental protection and sustainable development.
(Extracted, with edits and revision, from "Supreme Court of India bolts Right to Life with climate justice", The Economic Times, 06-05-2024)
India is signatory of various international environmental conservation treaties under which India has the binding commitment to reduce carbon emission. During the COP 21. India signed Paris Agreement along with 196 countries, under which universally binding agreement was made to limit greenhouse gas emission to levels that would prevent global temperatures from increasing to more than 1.5 degree Celsius before the industrial revolution. India has committed to generating 50% of its energy through renewable resources and will generate 500 GW of energy from non-fossil fuels by 2030, reducing the carbon emission by 1 billion ton. Additionally, India has committed to achieve net zero carbon emission target by 2070.
Supreme Court's March 21, 2024 verdict builds on the bulwark of jurisprudence in place since 1986, and, through various other judgments, the Supreme Court has recognised the right to clean environment along with right to clean air, water and soil free from pollution which is absolutely necessary for the enjoyment of life. Any disturbance with these basic elements of environment would amount to violation of Article 21. It also establishes duty of the state to maintain ecological balance and hygienic environment. Although right to clean environment has existed; by recognizing the right against climate change it shall compel the states to prioritize environmental protection and sustainable development.
(Extracted, with edits and revision, from "Supreme Court of India bolts Right to Life with climate justice", The Economic Times, 06-05-2024)
Question: 1
In which among the following, changes were introduced for environmental protection through the Constitution of India (42nd Amendment Act)?
In which among the following, changes were introduced for environmental protection through the Constitution of India (42nd Amendment Act)?
Updated On: Dec 1, 2024
- Fundamental Rights
- Fundamental Duties
- Directive Principles of State Policy
- 2, 3 only
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The Correct Option is C
Solution and Explanation
The 42nd Amendment added Article 48-A under the Directive Principles of State Policy, mandating the state to protect and improve the environment, and Article 51-A(g) under Fundamental Duties, requiring citizens to protect the natural environment. It did not include environmental protection in Fundamental Rights.
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Question: 2
The nature of binding commitment of India to reduce carbon emission through the signing of various international environmental conservation treaties especially the Paris Agreement shall be described as:
The nature of binding commitment of India to reduce carbon emission through the signing of various international environmental conservation treaties especially the Paris Agreement shall be described as:
Updated On: Dec 1, 2024
- The signatory may take adequate measures to reduce carbon emission
- The signatory may take inadequate measures to reduce carbon emission
- The signatory should explore the possibility to reduce carbon emission
- The signatory may formulate necessary policies to reduce carbon emission
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The Correct Option is A
Solution and Explanation
Under Paris Agreement, signatories like India are bound to take concrete and adequate measures to meet specific commitments, such as reducing emissions, transitioning to renewable energy, and achieving net-zero goals by the agreed timelines.
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Question: 3
Under Article 51-A(g) of the Indian Constitution, it is specifically mentioned that citizens shall have the duty to protect and improve the natural environment that includes:
Under Article 51-A(g) of the Indian Constitution, it is specifically mentioned that citizens shall have the duty to protect and improve the natural environment that includes:
Updated On: Dec 1, 2024
- Rivers & Lakes
- Forests & Wildlife
- All living creatures
- Only (A) and (B)
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The Correct Option is D
Solution and Explanation
Article 51-A(g) explicitly mentions the duty to protect and improve the environment, including forests, wildlife, rivers, and lakes, while protecting all living creatures aligns with broader interpretations of environmental ethics. The constitutional provision allows refer to forests, wildlife, rivers, and lakes.
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Question: 4
As per the aforementioned passage and decision of the Supreme Court,
As per the aforementioned passage and decision of the Supreme Court,
Updated On: Dec 1, 2024
- The fundamental duty to preserve and protect natural resources is upon the State only
- Citizens have the fundamental duty to preserve and protect natural resources
- Both the state and citizens have the duty to preserve and protect natural resources
- Citizen’s duty to maintain ecological balance and citizens’ right against climate change
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The Correct Option is C
Solution and Explanation
The passage explicitly mentions and the Supreme Court recognizing a duty on both the state and citizens to preserve and protect natural resources, linking this to Article 51A (g) (State Duty) and Article 21 (Right against pollution).
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Question: 5
According to the passage, what makes India commit to reduce carbon emission?
According to the passage, what makes India commit to reduce carbon emission?
Updated On: Dec 1, 2024
- Because of being a signatory of Indian national environmental conservation policies
- Because of the Supreme Court verdicts which explicitly make way for an enforceable right
- Because of the policy decisions of Government
- Because of the Constitution of India (42nd Amendment Act)
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The Correct Option is A
Solution and Explanation
The passage highlights India’s binding commitments under international treaties like the Paris Agreement, which obligate signatories to take specific measures to reduce carbon emissions.
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Question: 6
The passage mentions that “any defiance with these basic amends of environment would amount to violation of Article 21”. Article 21 of the Constitution deals with:
The passage mentions that “any defiance with these basic amends of environment would amount to violation of Article 21”. Article 21 of the Constitution deals with:
Updated On: Dec 1, 2024
- Right to equality
- Right against exploitation
- Right to freedom of residence
- Right to life and personal liberty
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The Correct Option is D
Solution and Explanation
Article 21 guarantees the right to life and personal liberty. The Supreme Court has interpreted the right to life to include the right to a clean and pollution-free environment, linking environmental protection to fundamental rights.
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