Comprehension
The right to clean and healthy environment has been recognized as a fundamental right under Article 21 of the Constitution of India. Article 48-A imposes a duty upon the State to endeavour to protect and improve the environment and safeguard the forests and wildlife of the Country. In addition to this, India is also a party to international treaties, agreements and conferences and has committed itself to sustainable development and growth. This legal framework indicates that sustainable development must remain at the heart of any development policy implemented by the state. It is essential to strike the right balance between environmental conservation and protection on one hand, and the right to development on the other, while articulating the doctrine of sustainable development. We may add that in our opinion conservation and development need not be viewed as binaries, but as complementary strategies that weave into one another. In other words, conservation of nature must be viewed as part of development and not as a factor stultifying development.
Question: 1
Which of the following provisions contain the fundamental duty to protect and improve the natural environment?
Which of the following provisions contain the fundamental duty to protect and improve the natural environment?
Updated On: Jul 11, 2024
- 51A(h)
- 51A(g)
- 51A(f)
- 51A(d)
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The Correct Option is B
Solution and Explanation
The Correct Answe is option (B): 51A(g)
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Question: 2
Under which of the following provisions can Union legislature enact laws for giving effect to international agreements?
Under which of the following provisions can Union legislature enact laws for giving effect to international agreements?
Updated On: Jul 19, 2024
- Article 251
- Article 252
- Article 253
- Article 254
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The Correct Option is C
Solution and Explanation
The Correct Answe is option (C): Article 253
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Question: 3
By which of the following Constitution Amendment Act were Entries 17A and 17B inserted in List III of the Seventh Schedule of the Constitution of India?
By which of the following Constitution Amendment Act were Entries 17A and 17B inserted in List III of the Seventh Schedule of the Constitution of India?
Updated On: Jul 11, 2024
- Constitution (Fortieth Amendment) Act, 1976
- Constitution (Forty Second Amendment) Act, 1976
- Constitution (Forty Fourth Amendment) Act, 1978
- Constitution (Forty Sixth Amendment) Act, 1982
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The Correct Option is B
Solution and Explanation
The Correct Answe is option (B): Constitution (Forty Second Amendment) Act, 1976
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Question: 4
Which of the following judgments of the Supreme Court of India does not deal with sustainable development?
Which of the following judgments of the Supreme Court of India does not deal with sustainable development?
Updated On: Jul 11, 2024
- Karnataka Industrial Area Development Board v. C. Kenchappa, (2006) 6 SCC 371.
- Tata Housing Development Co. Ltd. v. Aalok Jagga, (2020) 15 SCC 784.
- Manorama Sachan v. Lucknow Development Authority, (2005) 9 SCC 425.
- Maharashtra Land Development Corporation v. State of Maharashtra, (2011) 15 SCC 616.
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The Correct Option is C
Solution and Explanation
The Correct Answe is option (C): Manorama Sachan v. Lucknow Development Authority, (2005) 9 SCC 425.
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Question: 5
Which of the following depicts the most appropriate response regarding Public Trust Doctrine?
Which of the following depicts the most appropriate response regarding Public Trust Doctrine?
Updated On: Jul 11, 2024
- 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.
- The people of the country have a fundamental duty to protect the environment.
- Right to clean environment is a fundamental right.
- All of the above.
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The Correct Option is A
Solution and Explanation
The Correct Answe is option (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.
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Question: 6
Which of the following doctrines is/are part of environmental jurisprudence in India?
Which of the following doctrines is/are part of environmental jurisprudence in India?
Updated On: Jul 11, 2024
- Polluter Pays Principle
- Precautionary Principle
- Both (A) and (B)
- Sovereign Immunity Principle
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The Correct Option is C
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The Correct Answe is option (C): Both (A) and (B)
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- The Hon’ble Supreme Court in the case of ‘Nil Ratan Kundu and another v. Abhijit Kundu’ 2008(3) Apex Court Judgements 232 (SC), while granting the custody to the maternal grandparents observed: In our judgement, the law relating to custody of a child is fairly well settled and it is this. In deciding a difficult and complex question as to custody of minor, a Court of law should keep in mind relevant statutes and the rights flowing therefrom. But such cases cannot be decided solely by interpreting legal provisions. It is a humane problem in live in relationship and is required to be solved with human touch. A Court while dealing with custody cases, is neither bound by statutes nor by strict rules of evidence or procedure nor by precedents. In selecting proper guardian of a minor, the paramount consideration should be the welfare and well-being of the child. In selecting a guardian, the Court is exercising parens patriae jurisdiction and is expected, may bound, to give due weight to a child’s ordinary comfort, contentment, health, education, intellectual development and favorable surroundings. But over and above physical comforts, moral and ethical values cannot be ignored. They are equally, or we may say, even more important, essential and indispensable consideration. If the minor is old enough to form an intelligent preference or judgement, the Court must consider such preference as well, though the final decision should rest with the Court as to what is conducive to the welfare of the minor.
The Hon’ble Supreme Court in the case of ‘Gaurav Nagpal v. Semedha Nagpal’-(2009)1 SCC 42, while giving paramount importance to the welfare of the child, which should include moral and ethical values, besides ethical well-being, observed as under:
When the court is confronted with conflicting demands made by the parents, each time it has to justify the demands. The Court has not only to look at the issue on legalistic basis, in such matters human angles are relevant for deciding those issues. The Court then does not give emphasis on what the parties say, it has to exercise a jurisdiction which is aimed at the welfare of the minor. As observed recently in Mausami Moitra Ganguli case, the Court has to give due weightage to the child’s ordinary contentment, health, education, intellectual development and favorable surroundings, but over and above physical comforts, the moral and ethical values have also to be noted. They are equal if not more important than the others.
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- Ahmadi, J. (as he then was) speaking for himself and Punchhi, J., endorsed the recommendations in the following words-The time is ripe for taking stock of the working of the various Tribunals set up in the country after the insertion of Articles 323-A and 323-B in the Constitution. After the incorporation of these two articles, Acts have been enacted where-under tribunals have been constituted for dispensation of justice. Sufficient time has passed, and experience gained in these last few years for taking stock of the situation with a view to finding out if they have served the purpose and objectives for which they were constituted. Complaints have been heard in regard to the functioning of other tribunals as well and it is time that a body like the Law Commission of India has a comprehensive look-in with a view to suggesting measures for their improved functioning. That body can also suggest changes in the different statutes and evolve a model on the basis whereof tribunals may be constituted or reconstituted with a view to ensuring greater independence. An intensive and extensive study needs to be undertaken by the Law Commission in regard to the Constitution of tribunals under various statutes with a view to ensuring their independence so that the public confidence in such tribunals may increase and the quality of their performance may improve.
Before parting with the case, it is necessary to express our anguish over the ineffectiveness of the alternative mechanism devised for judicial review. The judicial review and remedy are the fundamental rights of the citizens. The dispensation of justice by the tribunal is much to be desired.
(Extracted with Edits from R.K. Jain v. Union of India, 1993 (4) SCC 119)- CLAT PG - 2025
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- The elements of tort of negligence consist in – (a) duty of care; (b) duty is owed to the plaintiff; (c) the duty has been carelessly breached. Negligence does not entail liability unless the exacts a duty in the given circumstances to observe care. Duty is an obligation recognised by law to avoid conduct fraught with unreasonable risk of damage to others. The question whether duty exists in a particular situation involves determination of law. Hence, three ingredients are necessary for the existence of a duty of care: (i) foreseeability of the damage, (ii) proximity of relationship between the parties; and (iii) whether it is “just, fair and reasonable” that the law should impose a duty of care. In Caparo Industries Plc. v. Dickman, 1990 2AC 605, the court held that breach of duty is concerned with the standard of care that ought to have been adopted in the circumstances and whether the defendant’s conduct fell below that standard i.e., whether he was careless.
The court while quoting Rajkot Municipal Corporation v. Manjulben Jayantilal Nakum, 1997 stated that as a tort, negligence consists of legal duty to take care and breach of that duty. Duty determines whether the type of loss suffered by the plaintiff in the particular way in which to occurred can ever be actionable. The division of negligence into duty, breach and consequent damage is convenient for the purpose of exposition but it can be confusing because the issues will often overlap. The process of determining a breach of duty involves three steps: First, it is necessary to ascertain the qualities of the reasonable person, given the qualities attributed to him, would have taken in the circumstances. The factors that are permissible to take into account in this regard are prescribed by law, but the amount of care that the reasonable person would have taken is a question of fact. Thirdly, it must be determined whether the defendant took less care than the reasonable person would have taken.
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The impugned constitutional amendments by which Article 16 (4-A) and 16 (4-B) have been inserted, flow from Article 16 (4). They do not alter the structure of Article 16 (4). They retain the controlling factors or the compelling reasons which enables the State to provide for reservation keeping in mind the overall efficiency of the state administration under article 335. Sub-categorization within a class is a constitutional requirement to secure substantive equality in the event that there is a distinction between two sections of a class; Sub-classification must not lead to the exclusion of one of the categories in the class. A model that provides sufficient opportunities to all categories of the class must be adopted; and Sub-classification among a class must be on a reasonable basis.
Justice Bela Trivedi opined, in dissent, that presidential list of scheduled castes notified under Article 341 cannot be altered by the States. Any change to this list can only be made by a law enacted by Parliament. Sub-classification, according to her would amount to tampering with the Presidential List and undermine the object Article 341, which aims to eliminate political influence in the SC-ST List. Further, she emphasised the importance of adhering to the rule of plain and literal interpretation. She mentions that any preferential treatment for a sub-class within the presidential list would deprive other classes within the same category of their benefits. In the absence of executive or legislative power, state lack the competence to sub-classify castes and the benefit reserved for all SCs. Allowing states to do so would constitute a colourable exercise of power, which is impermissible under law. Justice Trivedi concluded by affirming that affirmative action by States must remain within constitutional boundaries and held that the law laid down in E.V. Chinnaiah case was correct and should be upheld.
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