ENVIRONMENTAL LAW MID-SEM EXAMINATION ANSWERS

SET A

A.1 SYNOPSIS-

 Introduction
 Meaning
 Definition
 Environment pollution
 Environment protection and its importance
 Conclusion

INTRODUCTION-

An Environment is very important for us to understand because it constitutes all of our surroundings and
affects our ability to live on earth, it comprises with the air we breath, the water that cover’s the most of
the earth, the plants and animals around us and much more. Therefore its very important to understand
and appreciate the importance of ‘environment’.

MEANING-

The word environment is derived from a French word ‘environner’, which means to encircle or to
surround.

The combination of living and non living things and their mutual interaction with each other which leads
to an ecosystem.

DEFINITION-

The Honorable Supreme Court has the following definition of Environment:

Environment is a difficult word to define. Its normal meaning relates to the surrounding ,but obviously
that is a concept which is relatable to whatever object it is, which is surrounded , Environment is a
polycentric and multifaced problem affecting the human existence.

ENVIRONMENT POLLUTION-

The term pollution refers to unfavourable alteration to our surroundings, wholly and largely as by
product of human’s action through direct and indirect effects of changes in energy pattern, chemical and
physical construction and abundance of organisms.
Industrialization, poverty, population explosion, urbanization, over- exploitation of resources, etc are
some of the factors which have contributed to environmental deterioration.

a) Water pollution-water pollution occurs when pollutants are discharged directly and indirectly
into water bodies without adequate treatment to remove harmful compounds.
b) Air pollution- It is introduction into the atmosphere of chemicals, particles , biological materials
that cause discomfort, disease . or death to human and damage to other living organisms such
as food crops, natural environment or built environment.
c) Noise pollution- The word noise is originated from the Latin word nausea meaning sea sickness.
Noise is any unwanted sound that disrupts environmental equilibrium.
d) Land pollution- Deforestation, release of toxic substance on the land, throwing of unhygienic
waste on earth, dumping of garbage, biomedical waste etc. causes land pollution.

Environment protection and its importance-

It is the practice of protecting the natural environment at individual, organizational or governmental

levels, for the benefit of the natural environment and humans.

Environment protection is influenced by the three interwoven factors: environmental legislation, ethics
and education. For Environmental protection to become a reality it is important for societies t develop
each of these areas.

The Need for protection of Environment can easily be understood from following facts:

a) One billion people in the world have no clear water.

b) Two billion people have inadequate facilities of sanitation
c) One and a half billion people breathe air that is dangerously unhealthy and so on.

Legal mechanism in relation to environment protection:

The Honourable Supreme Court in K. M Chinnappa v. Union of India Defined Environmental law’
as an instrument to protect and improve the environment and control or prevent any act or
omission polluting or likely to pollute the environment.

In constitution of India, it is Clearly stated that it is the duty of the state to ‘’ protect and
improve the environment and to safeguard the forests and wildlife of the country. It imposes a
duty on every citizens ‘’ to protect and improve the natural environment including forests, lakes,
seas and wildlife.

The Constitution of India –

The Right to Life contained in Article – 21 of the Constitution of India includes the right to clean
and human environment. It means you have the right to live in clean and healthy environment
 Article -38 of our Constitution requires State to ensure a social order for the welfare of people ,
which can be obtained by an unpolluted and clean environment only.

The Ministry of Environmental and Forests ( MoEF)

The Ministry of Environment and forest is the nodal agency in the administrative structure of
the Central Govermental for planning, promoting, coordinating and overseeing the
implementing of India’s environmental and forestry policies and programmes. The primary
concerns of the Ministry are implementation of policies and programmes relating to
conservation of the country’s natural resources including its lake , river, biodiversity, forests and
wildlife.
The broad objectives of the Ministry are:
 Prevetion and control of pollution;
 Protecting of the environment;&
 Ensuring the welfare of plants &animals

Then there is Central Pollution Control Board and its major functions are
i) To promote cleanliness of steams and wells is different areas of the states by
prevention, control and abatement of water pollution.
ii) To improve the quality of air and prevent, control or abate air pollution in the
country.

SET B

A.4 SYNOPSIS-
INTRODUCTION
CONSTITUTIONAL PROVISIONS FOR THE PROTECTION OF ENVIRONMENT
 Article 14
 Article 19(1)(g)
 Article 21
 Article 48(A)
 Article 51
 Article 51(A)
 Article 253

CASES RELATED TO EACH ARTICLE

CONCLUSION
INTRODUCTION-

The protect and improve the Environment is a constitutional mandate. It is a commitment for a country
wedded to the idea of a welfare State. The Indian Constitution contains specific provisions for
environment protection under the chapter of Directive Principles of State Policy and Fundamental
Duties. The absence of a specific provision in the Constitution recognizing the Fundamental Duties. The
absence of a specific provision in the Constitution recognizing the fundamental rights to clean and
wholesome environment has been set off by judicial activism in the recent times.

ENVIRONMENT AND CITIZENS-

The Constitution of India has made a double provision:

i) A directive to the State for protection and improvement of environment.

ii) Imposing on every citizen in the form of fundamental duty to help in the reservation of
natural environment. This is the testimony of government’s awareness of a problem of
worldwide concern. Since protection of environment is now fundamental duty of every
citizen, it is natural that evry individual should do it as personal obligation, merely by
regulation the mode of his natural life.

THE CONSTITUTIONAL PROVISIONS-

I) Article 14- PROTECTION OF THE ENVIRONMENT

The Government and the Contractor recognize the Petroleum Operations will cause some
impact on the environment in the Contract Area. A ccordingly, in performance of the
Contract, the Contractor shall conduct its Petroleum Operations with due regaurds to
concerns with respect to protection of environment and conservation of natural resources
and shall in particular;

Protecting the environment OLEUM GAS LEAK CASE, 1986-

M C MEHTA , Who was single handedly responsible for making environmental degradation a
part of public discourse. Says its vitals that PILs have no ulterior motive .

JUDGEMENT-
The court held that any enterprise that is engaged in am inherently dangerous activity is
absolutely liable to compensate all those affected by accident. They key feature of the
judgment was the principle of” absolute liability”, in which no exception are brooked.

2) ARTICLE 19(1)(G)

g) To practice any profession, or carry on any occupation, trade or business

Case law- KHODAY DISTILLERIES Ltd vs STATE OF KARNATAKA,19 October, 1994

Article 19(1)(g) read with Article 19(6) spells out a fundamental right of the citizens to practise any
profession or to carry on any occupation, trade or business so long as it is not prohibited or is within the
framework of the regulation, if any, if such prohibition or regulation has been imposed by the State by
enacting a law in the interests of the general public. It cannot be disputed that certain professions,
occupations, trades or businesses which are not in the interests of the general public may be completely
prohibited while others may be permitted with reasonable restrictions on them. For the same purpose,
viz., to subserve the interests of general public, the reasonable restrictions on the carrying on of any
profession, occupation, trade, etc., may provide that such trade, business etc., may be carried on
exclusively by the State or by a Corporation owned or controlled by it. The right conferred upon the
citizens under Article 19(1)(g) is thus subject to the complete or partial prohibition or to regulation, by
the State. However, under the provisions of Article 19(6) the prohibition, partial or complete, or the
regulation, has to be in the interests of the general public.

The right given by this article to freely carry on trade, commerce and intercourse throughout the
territory of India is undisputedly subject to the same restrictions as is the right under Article19(1)(g).

3) ARTICLE 21 WITH THE RELATED CASE LAW-

Article 21 of the constitution of India provides for the right to life and personal liberty. It states that “no
person shall be deprived of his life or personal liberty except according to procedure established by
law.”In Rural Litigation and Entitlement.

KENDRA V STATE OF UP, also known as the Dehradun quarrying case, the Supreme Court of India has
held that pollution caused by quarries adversely affects the health and safety of people and hence, the
same should be stopped as being violative of Article 21.In this case, the Supreme Court for the first time
held that the right to wholesome environment is a part of right to life and personal liberty guaranteed
under Article 21 of the Constitution.

4) Article 48(A)-

48A. Protection and improvement of environment and safeguarding of forests and wild life The State
shall endeavour to protect and improve the environment and to safeguard the forests and wild life of
the country.

SHER SINGH VS STATE OF HP, 6TH FEB,2014

The citizens of the country have a fundamental right to a wholesome, clean and decent environment.
The Constitution of India, in terms of Article 48A, mandates that the State is under a Constitutional
obligation to protect and improve the environment and to safeguard the forest and wild life in the
country. By 42nd Amendment to the Constitution, the Parliament, with an object of sensitizing the
citizens of their duty, incorporated Article 51A in the Constitution, inter alia, requiring a citizen to
protect and improve the natural environment including the forests, lakes, rivers and wild life and to
have a compassion for living creatures. The legislative intent and spirit under Articles 48A and 51A(g) of
the Constitution find their place in the definition of 'environment' under the Environment (Protection)
Act, 1986 (for short the 'Act of 1986'). The legislature enacted various laws like the Air (Prevention and
Control of Pollution) Act, 1981, Water (Prevention and Control of Pollution) Act, 1974 and the Wildlife
(Protection) Act, 1972, the Forest (Conservation) Act, 1980, the Indian Forest Act, 1927 and the
Biological Diversity Act, 2002 and other legislations with the primary object of giving wide dimensions to
the laws relating to protection and improvement of environment. It is true that Part III of the
Constitution relating to Fundamental Rights does not specifically devote any Article to the Environment
or protection thereof per se. However, with the development of law and pronouncement of judgments
by the Supreme Court of India, Article 21 of the Constitution has been expanded to take within its ambit
the right to a clean and decent environment.

5) ARTICLE 51-

Promotion of international peace and security the state shall endeavor to

a) Promote international peace and security

b) Maintain just amd honourable relations between nations;
c) Foster respect for international law and treaty obligation in the dealings of organized people
with one another, and encourage settlement of international disputes by aribitration
CASE LAW- STATE OF GUJRAT VS MIRZAPUR MOTI KURESHI KASSAB , 26 TH OCTOBER 2005

By enacting clause (g) in article 51-A and giving in the status of a fundamental duty, one of objects
sought to be achieved by the parliament is to ensure that the spirit and message of ARTICLE 48 AND 48A
is honored as a fundamental duty of every citizen.

6) Article 253-
Legislation for giving effects to international agreements notwithstanding anything in the
foregoing provisions of this Chapters, parliament has power 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.