Question

Which of the following provisions contain the fundamental duty to protect and improve the natural environment?

• A. 51A(h)
• B. 51A(g)
• C. 51A(f)
• D. 51A(d)
• A. Article 251
• B. Article 252
• C. Article 253
• D. Article 254
• A. Constitution (Fortieth Amendment) Act, 1976
• B. Constitution (Forty Second Amendment) Act, 1976
• C. Constitution (Forty Fourth Amendment) Act, 1978
• D. Constitution (Forty Sixth Amendment) Act, 1982
• A. Karnataka Industrial Area Development Board v. C. Kenchappa, (2006) 6 SCC 371.
• B. Tata Housing Development Co. Ltd. v. Aalok Jagga, (2020) 15 SCC 784.
• C. Manorama Sachan v. Lucknow Development Authority, (2005) 9 SCC 425.
• D. Maharashtra Land Development Corporation v. State of Maharashtra, (2011) 15 SCC 616.
• A. That resources like sea, waters, forests are extremely important to the masses and therefore it would be unjustified to make them subjects of private ownership.
• B. The people of the country have a fundamental duty to protect the environment.
• C. Right to clean environment is a fundamental right.
• D. All of the above.
• A. Polluter Pays Principle
• B. Precautionary Principle
• C. Both (A) and (B)
• D. Sovereign Immunity Principle

Answer 1

The Correct Option is B

Step 1: Understanding Fundamental Duties.
Part IVA of the Constitution (Article 51A) lists the Fundamental Duties of every citizen.
Step 2: Identifying the relevant clause.
Clause (g) of Article 51A specifically states: “To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.”
Step 3: Eliminating incorrect options.
- (A) 51A(h) relates to developing scientific temper.
- (C) 51A(f) relates to preserving the rich heritage of our composite culture.
- (D) 51A(d) relates to defending the country and rendering national service.
\[ \boxed{\text{B}} \]

Answer 2

Step 1: Revisiting constitutional provisions on treaties.
Article 253 empowers Parliament to make any law for implementing any treaty, agreement or convention with any other country or countries or any decision made at an international conference.
Step 2: Why not the other Articles?
- (A) Article 251 deals with inconsistency between laws made by Parliament and laws made by State Legislatures in certain cases.
- (B) Article 252 allows Parliament to legislate for two or more States by consent.
- (D) Article 254 deals with repugnancy between Central and State laws.
\[ \boxed{\text{C}} \]

Answer 3

Step 1: Context of the 42nd Amendment.
The 42nd Amendment, often called the “Mini Constitution,” made sweeping changes in 1976, including the insertion of several entries into the Concurrent List (List III).
Step 2: Specific entries added.
Entries 17A (Forests) and 17B (Protection of wild animals and birds) were moved from the State List to the Concurrent List through this amendment to give both Union and State legislatures the power to legislate on these matters.
Step 3: Elimination of wrong options.
- (A), (C), (D) correspond to different constitutional changes and did not insert these entries.
\[ \boxed{\text{B}} \]

Answer 4

Step 1: Understanding the scope of “sustainable development” in Indian jurisprudence.
The doctrine of sustainable development has been invoked in multiple landmark cases by the Supreme Court to balance environmental protection with economic progress. It is most often discussed in cases involving large infrastructure projects, environmental clearances, and land use policies.
Step 2: Checking each case.
- (A) Karnataka Industrial Area Development Board v. C. Kenchappa (2006) — Explicitly deals with sustainable development, requiring environmental considerations in industrial planning.
- (C) Manorama Sachan v. Lucknow Development Authority (2005) — Involves urban development and environmental safeguards, linked with sustainable development principles.
- (D) Maharashtra Land Development Corporation v. State of Maharashtra (2011) — Deals with environmental aspects of land development, applying sustainable development concepts.
Step 3: Identifying the exception.
(B) Tata Housing Development Co. Ltd. v. Aalok Jagga (2020) — Primarily concerns contractual disputes, allotment of plots, and compliance with housing regulations. It does not substantially address or apply the doctrine of sustainable development. \[ \boxed{Answer: B} \]

Answer 5

Step 1: Understanding the Public Trust Doctrine.
The Public Trust Doctrine is a legal principle that holds certain natural resources (like air, sea, water, forests) are preserved for public use, and the government is obliged to protect and maintain them for the public's benefit.
Step 2: Link with Indian Constitutional principles.
In India, this doctrine is aligned with: - Article 21 (Right to life, which includes the right to a clean environment), - Article 51A(g) (fundamental duty to protect and improve the environment), and - Judicial precedents protecting resources from private exploitation. Step 3: Analysing options.
- (A) matches the core of the Public Trust Doctrine.
- (B) reflects the citizen's duty under Article 51A(g).
- (C) derives from Article 21 as interpreted by the Supreme Court.
Thus, all statements together form the complete response.
\[ \boxed{Answer: D} \]

Answer 6

Step 1: Understanding environmental jurisprudence in India.
The Supreme Court of India has developed key environmental principles through landmark cases, many inspired by international conventions and environmental law developments.
Step 2: Polluter Pays Principle.
This principle means the polluter bears the cost of preventing, controlling, and cleaning up pollution. Recognised in cases like Vellore Citizens’ Welfare Forum v. Union of India (1996).
Step 3: Precautionary Principle.
This principle requires that where there are threats of serious environmental damage, lack of full scientific certainty should not be a reason to postpone preventive measures. Also affirmed in Vellore Citizens’ Welfare Forum. Step 4: Eliminating incorrect options.
- (A) and (B) are individually correct, but (C) includes both, making it the most accurate.
- (D) Sovereign Immunity Principle is unrelated to environmental law; it belongs to state liability doctrines. \[ \boxed{Answer: C} \]