Test: Environment Policy and Law - 1 - CLAT PG MCQ

The 42nd Amendment, enacted in 1976, introduced specific provisions for environmental protection in the Constitution, notably Articles 48A and 51A. Article 48A mandates the State to protect and improve the environment, while Article 51A(g) obligates citizens to aid in preserving the natural environment. This amendment marked a pivotal step in formalizing environmental responsibilities within the constitutional framework of India.

The case of L. K. Koolwal v. State of Rajasthan was significant because the Rajasthan High Court clarified that citizens have the right to ensure the State fulfills its environmental responsibilities under Article 51A. This ruling reinforced the idea that citizens can hold their government accountable for environmental protection, thereby enhancing public participation in governance.

Article 51A(g) mandates that every citizen of India has a duty to protect and improve the natural environment, including forests, lakes, rivers, and wildlife. This provision emphasizes the role of individual citizens in environmental stewardship, positioning them as active participants in the nation's commitment to sustainability.

The Appiko Movement aimed to protect existing forest cover and regenerate degraded lands, similar to the Chipko Movement. This grassroots initiative was a response to excessive tree felling and sought to empower local communities to manage and conserve their forest resources sustainably, thereby promoting ecological balance and local livelihoods.

Article 48A, which mandates the State to protect and improve the environment, was introduced by the 42nd Amendment in 1976. Prior to this, the Constitution did not contain explicit provisions for environmental protection, highlighting the amendment's role in addressing emerging environmental concerns in India.

The 1972 United Nations Conference on Human Environment in Stockholm was pivotal in elevating environmental protection to the forefront of international policy discussions. This global recognition influenced India to amend its Constitution, specifically by introducing Articles 48A and 51A(g), which reflect a commitment to environmental protection and citizen responsibility.

The Forest Policy of 1894 was primarily focused on maximizing revenue from commercial forests. The colonial administration viewed forests as state-owned assets to be exploited for timber and other products to meet the demands of expanding infrastructure, particularly railways and telegraphs.

The Wildlife (Protection) Act, enacted in 1972, was the first significant piece of legislation aimed at wildlife conservation in India. It established measures to protect various species and their habitats, marking a crucial step in India's environmental policy framework post the international conference that highlighted the need for environmental preservation.

The Chipko Movement, which translates to "Embrace the Tree," is renowned for its non-violent protests aimed at protecting trees marked for felling. This grassroots movement, which gained momentum in the 1970s, emphasized the importance of forest conservation and the rights of local communities to their natural resources, highlighting a significant shift in environmental activism in India.

The United Nations Conference on Human Environment held in 1972 marked a pivotal moment for environmental policy-making in India. Indira Gandhi's address at this conference underscored the importance of addressing environmental issues, particularly in the context of developing nations. This conference led to the establishment of principles for global environmental governance, influencing India's subsequent legislative measures.

The zamindari system transformed common village resources into private property, which led to the degradation of forest resources as local communities lost their traditional rights and access. This shift not only disrupted communal management practices but also intensified exploitation and conflicts over forest resources.

The Wildlife (Protection) Act of 1972 was primarily aimed at wildlife conservation. It established a licensing procedure for hunting permitted species and prohibited the hunting or destruction of listed species, thereby emphasizing the need to protect wildlife and their habitats. This legislation marked a significant step in India's environmental policy, reflecting a growing awareness of the importance of biodiversity and the need for legislative measures to safeguard it. An interesting fact is that this Act was introduced following a critical tiger census that revealed a dangerously low tiger population, which led to the tiger being designated as a protected species.

The Appiko Movement, which began in September 1983, focused on protecting the Western Ghats from the detrimental effects of extensive tree felling. This grassroots initiative sought to conserve existing forest cover, regenerate trees in degraded areas, and utilize forest resources sustainably. The movement was significantly driven by local villagers who recognized the ecological and economic importance of their forests, leading to a successful campaign against unsustainable logging practices. A notable aspect of the Appiko Movement is its direct connection to the Chipko Movement, emphasizing local participation and women's roles in environmental activism.

The 42nd Amendment introduced Article 51A(g), which 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. This provision underscores the importance of individual responsibility in environmental conservation alongside state obligations, reflecting a significant shift in constitutional focus towards environmental protection.

The United Nations Conference on Human Environment held in Stockholm in 1972 played a crucial role in shaping global environmental policies and influenced India's constitutional amendments, particularly the 42nd Amendment. Prime Minister Indira Gandhi's address at this conference highlighted the need for careful management of natural resources and led to the inclusion of specific environmental provisions in the Indian Constitution, demonstrating a proactive approach to environmental governance at both national and international levels.