Comprehension
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 )
Question: 1

What distinguishes the environmental rule of law from the broader concept of the rule of law?

Updated On: Sep 10, 2025
  • Its exclusive focus on legal principles
  • Its emphasis on environmental governance
  • Its reliance on judicial decisions
  • Its alignment with international treaties
Hide Solution
collegedunia
Verified By Collegedunia

The Correct Option is B

Solution and Explanation

The environmental rule of law is distinguished from the broader concept of the rule of law primarily by its emphasis on environmental governance. While the rule of law in general pertains to the adherence to laws, their process, and upholding justice, the environmental rule of law incorporates unique features specific to environmental governance. It serves to create an integrated framework consisting of conceptual, procedural, and institutional tools to address environmental protection.

This specialized version of the rule of law acknowledges the necessity of a multidisciplinary approach for the analysis of environmental issues, such as carbon footprints, and promotes a shared understanding between scientific, regulatory, and policy perspectives. It goes beyond jurisdictional confines to address global challenges like environmental degradation, climate change, and habitat destruction, promoting sustainable development and principles such as the polluter pays principle.

Moreover, the environmental rule of law seeks to involve all stakeholders, not just legal professionals, in formulating strategies for contemporary ecological challenges. It recognizes the interconnectedness of nature, where environmental conditions in one region impact others globally. It aims to understand these connections to devise solutions critical for human survival.

Ultimately, this nuanced emphasis on environmental governance differentiates the environmental rule of law by fostering an integrated approach to addressing and understanding the global environmental challenges that transcend local, state, and national boundaries.

Was this answer helpful?
0
0
Question: 2

What is the primary objective of the environmental rule of law?

Updated On: Sep 10, 2025
  • To protect wildlife habitats
  • To enhance understanding of environmental challenges
  • To promote economic development
  • To enforce local environmental regulations
Hide Solution
collegedunia
Verified By Collegedunia

The Correct Option is B

Solution and Explanation

The primary objective of the environmental rule of law is to enhance understanding of environmental challenges. This is articulated through its conceptual, procedural, and institutional tools that structure discussions around environmental protection. Here are the key points:

  • The environmental rule of law is a specialized facet within the broader context of the rule of law, aiming to address unique environmental governance aspects.
  • It enhances understanding of environmental challenges by examining the impacts of humanity's interactions with nature historically, currently, and in the future.
  • The rule of law in this context facilitates interdisciplinary analysis, bridging science, regulatory actions, and policy perspectives.
  • It encompasses stakeholders from diverse backgrounds to formulate strategies against challenges like environmental degradation and climate change.
  • Recognizing the interconnectedness of the environment, it explores the nature and consequences of activities impacting the global ecosystem, promoting a universal understanding necessary for sustainable solutions.

Additionally, it goes beyond local jurisdictions, addressing global environmental impacts and the intricate symbiotic relationships that exist within ecosystems, emphasizing the need to comprehend these connections for the sustainable future of humanity and the planet.

Was this answer helpful?
0
0
Question: 3

Environmental Protection and Improvement were incorporated into the Constitution of India by inserting Articles 48-A and 51-A (g) by virtue of which of the following amendments?

Updated On: Sep 10, 2025
  • 42nd Amendment Act, 1976
  • 44th Amendment Act, 1978
  • 45th Amendment Act, 1980
  • 35th Amendment Act, 1974
Hide Solution
collegedunia
Verified By Collegedunia

The Correct Option is A

Solution and Explanation

The Constitution of India originally did not have specific provisions related to the environment. However, with growing awareness about environmental issues, the need to address and incorporate environmental protection into the Constitution was recognized. The amendments that introduced specific provisions for environmental protection are:

  • Article 48-A, which directs the State to endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country, was inserted into the Directive Principles of State Policy.
  • Article 51-A (g) enjoins a fundamental duty upon every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.

Both of these articles were incorporated by the 42nd Amendment Act, 1976. This amendment is significant because it marked the formal recognition of environmental issues in the framework of legal governance in India, and laid down the foundation for a structured approach to environmental protection and improvement.

Was this answer helpful?
0
0
Question: 4

In which international forum did the ‘Environmental rule of Law’ find recognition for the first time?

Updated On: Sep 10, 2025
  • Stockholm Conference on Human Environment, 1970
  • Stockholm Declaration on Environment, 1992
  • Rio Declaration on Environment, Sustainable Development, 2002
  • UNEP’s Governing Council Decision 279, 2013
Hide Solution
collegedunia
Verified By Collegedunia

The Correct Option is D

Solution and Explanation

The concept of the 'Environmental rule of Law' found its first major recognition in the international arena through the UNEP’s Governing Council Decision 279, 2013. This forum highlighted the unique characteristics of environmental governance, emphasizing the creation of conceptual, procedural, and institutional tools to address environmental challenges. The environmental rule of law provides a framework that spans beyond legal boundaries, incorporating insights from science, policymaking, and regulatory domains. It stresses the integrated and indivisible nature of environmental elements, asserting that the state of the environment in one area affects the entirety of the planet. Thus, its recognition in UNEP’s Governing Council Decision not only legitimized its importance but also highlighted the need for a cross-disciplinary approach to tackle environmental issues including climate change, habitat destruction, and more, considering the impact of human actions across local, state, and national boundaries.

Was this answer helpful?
0
0
Question: 5

What does the environmental rule of law seek to achieve beyond local and national boundaries?

Updated On: Sep 10, 2025
  • Economic growth
  • Environmental justice
  • Political stability
  • Cultural preservation
Hide Solution
collegedunia
Verified By Collegedunia

The Correct Option is B

Solution and Explanation

The environmental rule of law seeks to achieve environmental justice beyond local and national boundaries. Environmental justice is concerned with the equitable distribution of environmental benefits and burdens, ensuring that no particular group of people, particularly marginalized communities, bears a disproportionate share of negative environmental consequences. The rule of law in environmental contexts facilitates understanding and addressing complex environmental issues through a multidisciplinary approach, integrating science, law, and policy. It emphasizes the interconnectedness of ecosystems and the global impact of local environmental degradation, such as climate change, habitat destruction, and pollution. It aims to foster sustainable development and the collective responsibility of all stakeholders in mitigating environmental challenges, ultimately seeking a just and sustainable future for all.
Was this answer helpful?
0
0

Questions Asked in CLAT PG exam

View More Questions