Test: Climate Change and Sustainability - CLAT PG MCQ

Article 48A of the Indian Constitution specifically states that the State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country. This article serves as a directive principle of state policy aimed at ensuring environmental protection, highlighting the government's responsibility in promoting sustainable practices. An interesting fact is that this constitutional provision has been the foundation for many environmental protection laws and judicial interpretations in India.

The Polluter Pays Principle asserts that those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment. This concept is crucial in environmental law as it encourages industries to reduce pollution and invest in cleaner technologies. This principle has been upheld in various court cases in India, promoting accountability among polluters and fostering a culture of environmental responsibility.

The primary objective of the Environment (Protection) Act, 1986, is to protect and improve the environment while preventing pollution. This act empowers the central government to set standards for pollution control, regulate industries, and issue environmental clearances. It serves as a comprehensive framework for environmental governance in India, addressing various aspects of pollution, including air, water, and land.

The National Green Tribunal (NGT) was established to provide a specialized forum for the swift resolution of environmental disputes. It handles cases related to pollution, environmental protection, and conservation matters, ensuring that justice is delivered efficiently. The NGT has played a significant role in enforcing environmental laws and addressing grievances related to environmental degradation in India.

The Precautionary Principle advocates for taking preventive action in the face of uncertainty regarding environmental risks. This principle suggests that if an action or policy might cause harm to the public or the environment, in the absence of scientific consensus, the burden of proof falls on those advocating for the action. This principle is vital for proactive environmental governance, encouraging caution and foresight in policy-making.

The Paris Agreement is a landmark international treaty that aims to limit global warming to below 2°C, with efforts to restrict the temperature increase to 1.5°C above pre-industrial levels. It encourages countries to submit their Nationally Determined Contributions (NDCs) to combat climate change and provides a framework for climate finance to assist developing nations. This agreement emphasizes global cooperation in addressing the climate crisis.

The National Action Plan on Climate Change (NAPCC) was launched to address climate change through eight national missions, one of which focuses specifically on enhancing energy efficiency and promoting renewable energy sources. This includes initiatives like the National Solar Mission, which aims to increase solar power generation across the country. The plan reflects India's commitment to sustainable development in the context of climate change.

Sustainable Development is the principle that emphasizes meeting the needs of the present without compromising the ability of future generations to meet their own needs. This principle is foundational in environmental law and policy, guiding development practices to ensure that natural resources are preserved and environmental integrity is maintained for future populations.

The National Green Tribunal (NGT) utilizes the Polluter Pays Principle to impose fines on polluting entities and order the restoration of damaged environments. This principle ensures that those responsible for environmental harm are held accountable for their actions and are required to contribute to the cleanup and restoration of affected areas, reinforcing the legal framework for environmental justice.

The Biological Diversity Act, 2002, focuses on the conservation of biodiversity and the sustainable use of biological resources. It aims to protect the diversity of flora and fauna while also regulating access to these resources to ensure that local communities benefit from their use. This act reflects India's commitment to preserving its rich biodiversity in the face of environmental challenges.