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)
In which among the following, changes were introduced for environmental protection through the Constitution of India (42nd Amendment Act)?
- Fundamental Rights
- Fundamental Duties
- Directive Principles of State Policy
- 2, 3 only
The Correct Option is C
Solution and Explanation
- Fundamental Duties: Article 51-A (g) was introduced, marking it a duty of every citizen to protect and improve the natural environment.
- Directive Principles of State Policy: Article 48-A was added to direct the State to protect and improve the environment as well as safeguard forests and wildlife.
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 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
The Correct Option is A
Solution and Explanation
To understand the nature of India's binding commitment to reduce carbon emissions through international treaties like the Paris Agreement, it's essential to comprehend India's obligations and legal context. The 42nd Constitutional Amendment Act of 1976 specifically incorporated environmental protection into the Constitution via Article 48-A and Article 51-A (g). The Indian Supreme Court has repeatedly ruled that both state and citizens have a fundamental duty to protect natural resources.
During COP 21, India was among 196 countries to sign the Paris Agreement, committing to limit greenhouse gas emissions. Key objectives include generating 50% of energy from renewable sources, producing 500 GW from non-fossil fuels by 2030, and reducing carbon emissions by one billion tons. The Supreme Court's decision further enforces the right to a clean environment, aligning with Article 21 which guarantees the right to life, thus inferring a responsibility to maintain ecological balance.
Given this legal foundation and international commitment, the statement that best describes India's binding commitment is: The signatory may take adequate measures to reduce carbon emission. This reflects India's active and significant obligation to engage in measures that meaningfully address carbon emissions.
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:
- Rivers & Lakes
- Forests & Wildlife
- All living creatures
- Only (A) and (B)
The Correct Option is D
Solution and Explanation
- Rivers & Lakes: These water bodies are significant for biodiversity, ecological balance, and serve as sources of water for various purposes ranging from domestic to industrial use.
- Forests & Wildlife: Forests are essential for carbon sequestration, oxygen production, and biodiversity conservation. Wildlife is equally important for maintaining natural ecosystems.
Given these explanations, the correct answer to what is explicitly mentioned in Article 51-A(g) is:
Only (A) and (B)As per the aforementioned passage and decision of the Supreme Court,
- 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
The Correct Option is C
Solution and Explanation
The question is centered on the fundamental duty regarding the preservation and protection of natural resources as interpreted by the Supreme Court in India. The comprehension provided gives an overview of how environmental protection is integrated into the Indian Constitution, mainly through Articles 48-A and 51-A (g), and acknowledges the Supreme Court's stance on this matter.
The comprehension specifies that the Court's judgments have ruled that both the state and its citizens share the responsibility to safeguard natural resources. This is further solidified by statements about the state's duty to maintain ecological balance and the citizens' right to a clean environment.
Analyzing the answer options given:
| Option | Description |
|---|---|
| The fundamental duty to preserve and protect natural resources is upon the State only | Incorrect, as the duty is shared with citizens. |
| Citizens have the fundamental duty to preserve and protect natural resources | Incomplete, as the state also has this duty. |
| Both the state and citizens have the duty to preserve and protect natural resources | Correct, aligns with the Supreme Court's interpretation and constitutional provisions. |
| Citizen’s duty to maintain ecological balance and citizens’ right against climate change | Partially true but does not emphasize the state's responsibility. |
Thus, the correct answer is: Both the state and citizens have the duty to preserve and protect natural resources, as this reflects the shared responsibility emphasized by the Supreme Court and the Indian Constitution.
According to the passage, what makes India commit to reduce carbon emission?
- 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)
The Correct Option is A
Solution and Explanation
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:
- Right to equality
- Right against exploitation
- Right to freedom of residence
- Right to life and personal liberty
The Correct Option is D
Solution and Explanation
Article 21 - Protection of Life and Personal Liberty: "No person shall be deprived of his life or personal liberty except according to procedure established by law."
This article ensures the right to life and personal liberty, a cornerstone of the Indian legal system. The association made in the passage refers to how environmental degradation may infringe upon these rights, emphasizing the state's duty to maintain ecological balance. Therefore, the correct answer to the question posed is "Right to life and personal liberty".
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