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It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.
Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1)(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.
Q. Every citizen of India has a fundamental right to carry on any trade or business or profession of his choice subject to the imposition of reasonable restrictions by the State. The government of Rajasthan concerned with the high rise of pollution in the city of Jaipur banned all those four wheeler vehicles in the city that do not conform to pollution norms laid down by the Ministry of Environment. Rathore Motor Corp., a distributor of four wheeler cars in Jaipur, challenged this ban as violative of its fundamental right to trade and profession. Is the state action valid? Decide.
  • a)
    State action is appropriate as the right of Rathore Motor Corp to carry its business is not absolute.
  • b)
    The State action is not valid as it has not only affected the interest of distributors but also the people at large.
  • c)
    The ban is not justified, as the Rajasthan government cannot deprive any person of his right to carry on his business.
  • d)
    State action is always presumed to be done in the interest of justice hence right.
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
It is a fact that air and noise pollution in Delhi and NCR is increas...
The restriction by the state is valid and not ultra vires because fundamental right is not absolute in nature and is subject to reasonable restrictions.
State can reasonably restrict the fundamental rights.
Incorrect Answers
None of the other options sets out views that are consistent with those of the author in the passage above.
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Passage - 6It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to dealwith the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1 )( b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.Q.Every citizen of India has a fundamental right to carry on any trade or business or profession of his choice subject to the imposition of reasonable restrictions by the State. The government of Rajasthan concerned with the high rise of pollution in the city of Jaipur banned all those four wheeler vehicles in the city that do not conform to pollution norms laid down by the Ministry of Environment. Rathore Motor Corp., a distributor of four wheeler cars in Jaipur, challenged this ban as violative of its fundamental right to trade and profession. Is the state action valid? Decide.

It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1)( b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.Q. Every person is entitled to freedom of conscience and the right to freely profess, practice and propagate any religion. Activities that are not an essential part of religion can be reasonably restricted. In a recent study conducted by the Ministry of Health, it was found that air pollution level rises by 450% on the day immediately after Diwali causing increased risk of lung cancer and respiratory disorders. Government of Delhi decided to issue a ban on use of crackers on Diwali eve after 8 pm to cut down pollution level.An NGO named United India challenged this ban as violation of fundamental right to freely practice religion.Decide.

Passage - 6It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to dealwith the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1 )( b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.Q.Whoever causes an unreasonable interference with someones use or enjoyment of land thereby causing damage is said to have committed the tort of nuisance. Mr. Raman owns a building where he rents out rooms to tenants. Mr. Ramans building lies adjacent to a cotton mill. The noise and smoke emanating from the mill is proving problematic for Mr. Raman as his tenants keep steadily vacating the apartments in the building. It is also becoming increasingly difficult for him to find new tenants who are willing to reside next to such a noisy cotton mill. Aggrieved by his dwindling profits, Mr. Raman has filed a case against the mill owners for nuisance. Decide.

It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1)( b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.Q. Whoever causes an unreasonable interference with someone's use or enjoyment of land thereby causing damage is said to have committed the tort of nuisance. Mr. Raman owns a building where he rents out rooms to tenants. Mr. Raman's building lies adjacent to a cotton mill. The noise and smoke emanating from the mill is proving problematic for Mr. Raman as his tenants keep steadily vacating the apartments in the building. It is also becoming increasingly difficult for him to find new tenants who are willing to reside next to such a noisy cotton mill.Aggrieved by his dwindling profits, Mr. Raman has filed a case against the mill owners for nuisance.Decide.

Passage - 6It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to dealwith the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1 )( b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.Q.The right to life and liberty includes the right to a clean and free environment. The polluter pays principle states that whoever is responsible for damage to the environment should bear the costs associated with it. Carbonator was a multi-national corporation that had set up one of its factories in Surat. They released voluminous effluents into the river that flowed near the factory without employing any methods to filter them. P.C.Gupta was a conscientious citizen who filed a PIL against them asking them to employ some filtration methods so that the river would not be polluted to such a great extent. The corporation opted instead for the polluter pays way of compensation. The petitioner challenged their option in Court asking for a motion to compel the corporation to adopt the filtration method instead. Can he do so?

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It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1)(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.Q. Every citizen of India has a fundamental right to carry on any trade or business or profession of his choice subject to the imposition of reasonable restrictions by the State. The government of Rajasthan concerned with the high rise of pollution in the city of Jaipur banned all those four wheeler vehicles in the city that do not conform to pollution norms laid down by the Ministry of Environment. Rathore Motor Corp., a distributor of four wheeler cars in Jaipur, challenged this ban as violative of its fundamental right to trade and profession. Is the state action valid? Decide.a)State action is appropriate as the right of Rathore Motor Corp to carry its business is not absolute.b)The State action is not valid as it has not only affected the interest of distributors but also the people at large.c)The ban is not justified, as the Rajasthan government cannot deprive any person of his right to carry on his business.d)State action is always presumed to be done in the interest of justice hence right.Correct answer is option 'A'. Can you explain this answer?
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It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1)(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.Q. Every citizen of India has a fundamental right to carry on any trade or business or profession of his choice subject to the imposition of reasonable restrictions by the State. The government of Rajasthan concerned with the high rise of pollution in the city of Jaipur banned all those four wheeler vehicles in the city that do not conform to pollution norms laid down by the Ministry of Environment. Rathore Motor Corp., a distributor of four wheeler cars in Jaipur, challenged this ban as violative of its fundamental right to trade and profession. Is the state action valid? Decide.a)State action is appropriate as the right of Rathore Motor Corp to carry its business is not absolute.b)The State action is not valid as it has not only affected the interest of distributors but also the people at large.c)The ban is not justified, as the Rajasthan government cannot deprive any person of his right to carry on his business.d)State action is always presumed to be done in the interest of justice hence right.Correct answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1)(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.Q. Every citizen of India has a fundamental right to carry on any trade or business or profession of his choice subject to the imposition of reasonable restrictions by the State. The government of Rajasthan concerned with the high rise of pollution in the city of Jaipur banned all those four wheeler vehicles in the city that do not conform to pollution norms laid down by the Ministry of Environment. Rathore Motor Corp., a distributor of four wheeler cars in Jaipur, challenged this ban as violative of its fundamental right to trade and profession. Is the state action valid? Decide.a)State action is appropriate as the right of Rathore Motor Corp to carry its business is not absolute.b)The State action is not valid as it has not only affected the interest of distributors but also the people at large.c)The ban is not justified, as the Rajasthan government cannot deprive any person of his right to carry on his business.d)State action is always presumed to be done in the interest of justice hence right.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1)(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.Q. Every citizen of India has a fundamental right to carry on any trade or business or profession of his choice subject to the imposition of reasonable restrictions by the State. The government of Rajasthan concerned with the high rise of pollution in the city of Jaipur banned all those four wheeler vehicles in the city that do not conform to pollution norms laid down by the Ministry of Environment. Rathore Motor Corp., a distributor of four wheeler cars in Jaipur, challenged this ban as violative of its fundamental right to trade and profession. Is the state action valid? Decide.a)State action is appropriate as the right of Rathore Motor Corp to carry its business is not absolute.b)The State action is not valid as it has not only affected the interest of distributors but also the people at large.c)The ban is not justified, as the Rajasthan government cannot deprive any person of his right to carry on his business.d)State action is always presumed to be done in the interest of justice hence right.Correct answer is option 'A'. Can you explain this answer?.
Solutions for It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1)(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.Q. Every citizen of India has a fundamental right to carry on any trade or business or profession of his choice subject to the imposition of reasonable restrictions by the State. The government of Rajasthan concerned with the high rise of pollution in the city of Jaipur banned all those four wheeler vehicles in the city that do not conform to pollution norms laid down by the Ministry of Environment. Rathore Motor Corp., a distributor of four wheeler cars in Jaipur, challenged this ban as violative of its fundamental right to trade and profession. Is the state action valid? Decide.a)State action is appropriate as the right of Rathore Motor Corp to carry its business is not absolute.b)The State action is not valid as it has not only affected the interest of distributors but also the people at large.c)The ban is not justified, as the Rajasthan government cannot deprive any person of his right to carry on his business.d)State action is always presumed to be done in the interest of justice hence right.Correct answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1)(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.Q. Every citizen of India has a fundamental right to carry on any trade or business or profession of his choice subject to the imposition of reasonable restrictions by the State. The government of Rajasthan concerned with the high rise of pollution in the city of Jaipur banned all those four wheeler vehicles in the city that do not conform to pollution norms laid down by the Ministry of Environment. Rathore Motor Corp., a distributor of four wheeler cars in Jaipur, challenged this ban as violative of its fundamental right to trade and profession. Is the state action valid? Decide.a)State action is appropriate as the right of Rathore Motor Corp to carry its business is not absolute.b)The State action is not valid as it has not only affected the interest of distributors but also the people at large.c)The ban is not justified, as the Rajasthan government cannot deprive any person of his right to carry on his business.d)State action is always presumed to be done in the interest of justice hence right.Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1)(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.Q. Every citizen of India has a fundamental right to carry on any trade or business or profession of his choice subject to the imposition of reasonable restrictions by the State. The government of Rajasthan concerned with the high rise of pollution in the city of Jaipur banned all those four wheeler vehicles in the city that do not conform to pollution norms laid down by the Ministry of Environment. Rathore Motor Corp., a distributor of four wheeler cars in Jaipur, challenged this ban as violative of its fundamental right to trade and profession. Is the state action valid? Decide.a)State action is appropriate as the right of Rathore Motor Corp to carry its business is not absolute.b)The State action is not valid as it has not only affected the interest of distributors but also the people at large.c)The ban is not justified, as the Rajasthan government cannot deprive any person of his right to carry on his business.d)State action is always presumed to be done in the interest of justice hence right.Correct answer is option 'A'. Can you explain this answer?, a detailed solution for It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1)(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.Q. Every citizen of India has a fundamental right to carry on any trade or business or profession of his choice subject to the imposition of reasonable restrictions by the State. The government of Rajasthan concerned with the high rise of pollution in the city of Jaipur banned all those four wheeler vehicles in the city that do not conform to pollution norms laid down by the Ministry of Environment. Rathore Motor Corp., a distributor of four wheeler cars in Jaipur, challenged this ban as violative of its fundamental right to trade and profession. Is the state action valid? Decide.a)State action is appropriate as the right of Rathore Motor Corp to carry its business is not absolute.b)The State action is not valid as it has not only affected the interest of distributors but also the people at large.c)The ban is not justified, as the Rajasthan government cannot deprive any person of his right to carry on his business.d)State action is always presumed to be done in the interest of justice hence right.Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1)(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.Q. Every citizen of India has a fundamental right to carry on any trade or business or profession of his choice subject to the imposition of reasonable restrictions by the State. The government of Rajasthan concerned with the high rise of pollution in the city of Jaipur banned all those four wheeler vehicles in the city that do not conform to pollution norms laid down by the Ministry of Environment. Rathore Motor Corp., a distributor of four wheeler cars in Jaipur, challenged this ban as violative of its fundamental right to trade and profession. Is the state action valid? Decide.a)State action is appropriate as the right of Rathore Motor Corp to carry its business is not absolute.b)The State action is not valid as it has not only affected the interest of distributors but also the people at large.c)The ban is not justified, as the Rajasthan government cannot deprive any person of his right to carry on his business.d)State action is always presumed to be done in the interest of justice hence right.Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1)(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.Q. Every citizen of India has a fundamental right to carry on any trade or business or profession of his choice subject to the imposition of reasonable restrictions by the State. The government of Rajasthan concerned with the high rise of pollution in the city of Jaipur banned all those four wheeler vehicles in the city that do not conform to pollution norms laid down by the Ministry of Environment. Rathore Motor Corp., a distributor of four wheeler cars in Jaipur, challenged this ban as violative of its fundamental right to trade and profession. Is the state action valid? Decide.a)State action is appropriate as the right of Rathore Motor Corp to carry its business is not absolute.b)The State action is not valid as it has not only affected the interest of distributors but also the people at large.c)The ban is not justified, as the Rajasthan government cannot deprive any person of his right to carry on his business.d)State action is always presumed to be done in the interest of justice hence right.Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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