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

The fundamental duty to protect and improve the natural environment is enshrined in the Constitution of India under Article 51A(g). This provision specifically mandates that it is the duty of every citizen of India to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.

Here is a breakdown of the relevant provisions:

Provision	Fundamental Duty
51A(h)	To develop the scientific temper, humanism and the spirit of inquiry and reform
51A(g)	To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures
51A(f)	To value and preserve the rich heritage of our composite culture
51A(d)	To defend the country and render national service when called upon to do so

The comprehension provided emphasizes the right to a clean and healthy environment recognized under Article 21 and the state's duty under Article 48-A to protect the environment, underscoring the importance of sustainable development in both national policy and international commitments. The goal is to reconcile environmental conservation with development, treating them as complementary rather than opposing goals.

Answer 2

To determine under which provision the Union Legislature can enact laws for giving effect to international agreements, we refer to the Indian Constitution:

• Article 253 - This article empowers the Parliament to make any law for the whole or any part of the territory of India for implementing any treaty, agreement, or convention with any other country or countries or any decision made at any international conference, association, or other body. It essentially gives the Union Government the authority to fulfill its international obligations by enacting appropriate legislation.
• By contrast, the other articles mentioned are related to different aspects:
  • Article 251 - Related to inconsistency between laws made by Parliament and laws made by the legislatures of States.
  • Article 252 - Provides for the power to legislate for two or more states by consent and adoption of such legislation by any other State.
  • Article 254 - Deals with inconsistency between laws made by Parliament and laws made by the legislatures of States, and resolves such inconsistencies.

In conclusion, Article 253 is the correct provision under which the Union Legislature can enact laws for giving effect to international agreements.

Answer 3

The Constitution (Forty Second Amendment) Act, 1976 inserted Entries 17A and 17B into List III of the Seventh Schedule of the Constitution of India. This amendment, known as the "mini-constitution," was significant as it addressed multiple aspects of governance and legal structures in India. Entries 17A and 17B specifically dealt with 'Forests' and 'Protection of Wild Animals and Birds,' respectively. This inclusion aligns with India's commitment to sustainable development as part of its constitutional duties as enshrined in Article 48-A, which obligates the state to protect and improve the environment and safeguard wildlife. Thus, these entries reinforce the legal framework to ensure environmental conservation is integrated with developmental policies.

Answer 4

The question asks which judgment does not address sustainable development. Among the options provided, we have:

• 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.

The legal concept of sustainable development involves integrating the need for environmental conservation with developmental activities. In the context of the provided options:
Karnataka Industrial Area Development Board v. C. Kenchappa deals with sustainable development as it addresses the balance between industrial development and environmental rights in line with Article 21 and Article 48-A of the Indian Constitution.
Tata Housing Development Co. Ltd. v. Aalok Jagga also engages with issues of development aligned with sustainable environmental practices.
Maharashtra Land Development Corporation v. State of Maharashtra involves aspects of land use policy, which often encompasses sustainable development considerations.
However, Manorama Sachan v. Lucknow Development Authority does not directly relate to sustainable development. This case primarily addresses issues of urban development without the explicit emphasis on sustainable development as seen in the others.

• Therefore, the correct answer is: Manorama Sachan v. Lucknow Development Authority, (2005) 9 SCC 425.

Answer 5

The Public Trust Doctrine is a legal principle emphasizing that natural resources like the sea, waters, and forests are too essential for the general public to be subjected to private ownership. This doctrine suggests that the government should hold these resources in trust for public use and enjoyment, ensuring their protection and maintenance for future generations. This makes the correct response to focus on the idea that:

"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."

Under this doctrine, these resources are meant to be preserved and remain available for public use rather than being exploited for individual benefit, aligning with the principles of sustainable development and environmental conservation as highlighted in Indian constitutional provisions and international commitments.

Answer 6

The question pertains to the doctrines that form part of environmental jurisprudence in India. Let's evaluate each option to determine which are applicable:

• Polluter Pays Principle: This principle mandates that those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment. It is widely recognized and applied in Indian environmental law.
• Precautionary Principle: This principle is a proactive measure to protect the environment when there is a lack of full scientific certainty. It encourages preventive action in the face of uncertainty and is also an integral part of environmental law in India.
• Sovereign Immunity Principle: The Sovereign Immunity Principle is not typically recognized as part of environmental jurisprudence in India. It refers to the doctrine that the state cannot commit a legal wrong and is immune from civil suit or criminal prosecution.

Given these explanations, both the Polluter Pays Principle and the Precautionary Principle are part of the environmental jurisprudence in India.

Correct Answer: Both (A) and (B)