KSLU Solved Question Papers
Environmental Law
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 10
2021 Mar Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 10 Environmental Law 2021 Mar Question Paper with Solutions
First published on munotes.in on 21 October 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
Passages from this volume may be quoted, in print, online or by an AI system, with credit: name munotes.in and link to this volume's page. The volume may not be reproduced as a whole. Full terms at munotes.in/content-license.
munotes.in is an independent study resource for students of Karnataka State Law University. It is not affiliated with Karnataka State Law University, and is not endorsed by it.
The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by Karnataka State Law University at the 2021 Mar examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2021 Mar examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2021 Mar examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 15 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1What are the different provisions of the Indian Constitution concerning the Protection of Environment ?[16]
Answer
For full marks, cover: the background (no environmental article in 1950; the Forty-second Amendment 1976); the provisions in six groups: (1) the Preamble; (2) Fundamental Rights (Articles 14, 19(1)(g) with 19(6), 21, 25 and 26, 32); (3) Directive Principles (Articles 39(b), 47, 48, 48A, 49, 51(c)); (4) Fundamental Duties (Article 51A(f), (g), (h)); (5) the distribution of power (Article 246 and the Seventh Schedule, Articles 252, 253 and 262); (6) local government (Articles 243G and 243W with the Eleventh and Twelfth Schedules) and Article 226; the cases (Subhash Kumar, Sachidananda Pandey, Koolwal, Nagaraja, Maganbhai, Rural Litigation); a table; and an assessment.
Background
The Constitution of 1950 had no article on the environment. After the Stockholm Conference of 1972, the Forty-second Amendment of 1976 added Article 48A and Article 51A(g). It also moved forests and wild life to the Concurrent List. The courts then read environmental protection into the Fundamental Rights. Today environmental protection draws on many parts of the Constitution.
1. The Preamble
The Preamble promises a socialist republic and seeks to assure the dignity of the individual. A dignified life is impossible in a poisoned environment, and the courts have read the Preamble's promise into the right to life.
2. Fundamental Rights
Article 21: right to life. The courts have held that the right to life includes the right to a healthy environment. That covers pollution-free air and water, sanitation, freedom from noise, and protection against climate change. This is the strongest environmental provision in practice.
Article 14: equality. State action that is arbitrary, for example granting a lease or clearance without considering its environmental effects, is void.
Article 19(1)(g) and 19(6). Every citizen may carry on a trade. But the State may impose reasonable restrictions in the interests of the general public. No one has a right to carry on a business that pollutes.
Articles 25 and 26: religion. Religious freedom is subject to public order, morality and health. So religion cannot justify disturbing others with loudspeakers.
Article 32: the remedy. A citizen may move the Supreme Court directly to enforce these rights, including through public interest litigation.
3. Directive Principles of State Policy
- Article 48A: "The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country."
- Article 47: the State must raise the level of nutrition and public health.
- Article 48: the State must organise agriculture and animal husbandry on modern and scientific lines, and preserve and improve breeds.
- Article 39(b): the material resources of the community must be distributed to serve the common good.
- Article 49: the State must protect monuments and places of artistic or historic interest of national importance.
- Article 51(c): the State must foster respect for international law and treaty obligations.
These are not directly enforceable (Article 37), but they are fundamental in governance and guide the courts.
4. Fundamental Duties
- Article 51A(g): every citizen must "protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures".
- Article 51A(f): value and preserve the rich heritage of our composite culture.
- Article 51A(h): develop the scientific temper, humanism and the spirit of inquiry and reform.
5. The distribution of legislative power
- Article 246 and the Seventh Schedule. Public health and sanitation (List II, entry 6), water (List II, entry 17) and land (List II, entry 18) are State subjects. Forests (List III, entry 17A) and the protection of wild animals and birds (List III, entry 17B) are Concurrent. The regulation of mines and industries and of inter-State rivers fall partly in the Union List.
- Article 252. Parliament may legislate on a State subject for two or more States that consent by resolution. The Water Act 1974 was passed this way.
- Article 253. Parliament may make any law for the whole of India to implement a treaty or an international decision. The Air Act 1981 and the Environment (Protection) Act 1986, which implement the Stockholm decisions, rest on it.
- Article 262. Parliament may provide for the settlement of inter-State river disputes.
6. Local government and the High Courts
Articles 243G and 243W, with the Eleventh and Twelfth Schedules, give Panchayats and Municipalities functions such as social forestry, drinking water, sanitation, solid waste and "protection of the environment and promotion of ecological aspects". Article 226 lets every High Court issue writs, for fundamental rights and "for any other purpose", so environmental petitions are often filed there.
The cases
Subhash Kumar v. State of Bihar, AIR 1991 SC 420. A petitioner alleged that collieries were polluting the Bokaro river. The Supreme Court held that Article 21 includes the right to enjoy pollution-free water and air. A citizen may use Article 32 to remove such pollution. The petition itself failed as a private grudge.
Sachidananda Pandey v. State of West Bengal, AIR 1987 SC 1109. Land beside the Calcutta zoo was allotted for a hotel. The Supreme Court held that whenever a problem of ecology comes before it, it must bear in mind Articles 48A and 51A(g). It may not leave priorities wholly to the Government, but must check that relevant factors were considered.
L.K. Koolwal v. State of Rajasthan, AIR 1988 Raj 2. Citizens complained of filth throughout Jaipur. The High Court held that Article 51A(g), though a duty, gives the citizen a right. He may move the court to make the State perform its own duty. It ordered the municipality to clean the city.
Kinkri Devi v. State of Himachal Pradesh, AIR 1988 HP 4. Limestone quarrying in Sirmaur district was damaging land, water and forests. The High Court called Article 48A "a constitutional pointer to the State" and Article 51A(g) a constitutional duty of citizens. Failing to balance mining against ecology violates Articles 14 and 21. It barred new mining leases until a scientific plan was made.
Animal Welfare Board of India v. A. Nagaraja, (2014) 7 SCC 547. Jallikattu and bullock-cart races were challenged as cruelty to bulls. The Supreme Court read the Prevention of Cruelty to Animals Act with Article 51A(g) and (h). Compassion for living creatures is a constitutional value, and animals have rights under the Act.
Maganbhai Ishwarbhai Patel v. Union of India, AIR 1969 SC 783. In a dispute over the Rann of Kutch, the Court explained the treaty scheme. Entering into treaties is an executive act, while Article 253 lets Parliament legislate to implement them. This is the basis of India's environmental statutes that implement international decisions.
Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh, AIR 1985 SC 652. A letter about quarrying in the Doon Valley was treated as a petition under Article 32. The Court closed harmful quarries, showing the writ jurisdiction at work for the environment.
The provisions at a glance
| Part | Provision | Role |
|---|---|---|
| Preamble | dignity, socialist order | the aim |
| Fundamental Rights | Arts 14, 19(6), 21, 25, 32 | enforceable rights and limits |
| Part | Provision | Role |
|---|---|---|
| Directive Principles | Arts 39(b), 47, 48, 48A, 49, 51(c) | duties of the State |
| Fundamental Duties | Art 51A(f), (g), (h) | duties of the citizen |
| Legislative power | Arts 246, 252, 253, 262 | who makes the laws |
| Local bodies | Arts 243G, 243W | local environmental functions |
Assessment
The Constitution now protects the environment from many sides. Its weakness is that the express provisions, Articles 48A and 51A(g), are not directly enforceable. Their force comes through Article 21 and the courts. The courts have done much, but enforcement still depends on the executive. Federal division also complicates matters, since water and land are State subjects while the main pollution laws are national.
Conclusion. The Constitution protects the environment through the Preamble's promise of dignity and the Fundamental Rights in Articles 14, 19(6), 21, 25 and 32. It adds the Directive Principles in Articles 39(b), 47, 48, 48A, 49 and 51(c), and the citizen's duties in Article 51A(f), (g) and (h). It also uses the legislative scheme of Articles 246, 252, 253 and 262 and the local government provisions. Subhash Kumar, Sachidananda Pandey and Koolwal show the courts weaving these together, with Article 21 as the main enforceable right.
The rest of the answers
The first answer is free. The rest come with the KSLU B.A. LL.B. Semester 10 solved papers.
You have read the question paper and its first answer in full. Buy the solved papers once and you can read every answer of every solved paper in this semester.
Solved papers: ₹499 Already bought it? Sign in
The question paper itself stays free.
Found an error in this volume? Report it and we will check it against the paper.