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Questions and Answers
What is the primary role of the state regarding natural resources according to the public trust doctrine?
What is the primary role of the state regarding natural resources according to the public trust doctrine?
- To privatize natural resources for economic growth
- To facilitate international trade of resources
- To act as a guardian and protect natural resources (correct)
- To limit public access to natural resources
In which landmark case was the public trust doctrine applied for the first time in India?
In which landmark case was the public trust doctrine applied for the first time in India?
- Indian Farmers' Association v.
- M.C. Mehta v. Kamal Nath (correct)
- Civic Society v. State of India
- Vellore Citizens Welfare Forum v.
What challenge does the judiciary face concerning industrialization and environmental preservation?
What challenge does the judiciary face concerning industrialization and environmental preservation?
- Facilitating foreign investments without restrictions
- Promoting only economic interests over all other factors
- Balancing industrial growth with social media influence
- Harmonizing industrialization with environmental protection (correct)
According to the judiciary, what could be the adverse effects of halting industrial production?
According to the judiciary, what could be the adverse effects of halting industrial production?
Which resources are emphasized under the public trust doctrine as being unjust to privatize?
Which resources are emphasized under the public trust doctrine as being unjust to privatize?
What is a key principle of sustainable development as identified by the judiciary?
What is a key principle of sustainable development as identified by the judiciary?
What does the public trust doctrine primarily assert about certain natural resources?
What does the public trust doctrine primarily assert about certain natural resources?
What does the conflict between industrialization and environmental preservation suggest?
What does the conflict between industrialization and environmental preservation suggest?
What does sustainable development aim to achieve?
What does sustainable development aim to achieve?
What principle indicates that the polluter must compensate for environmental damage?
What principle indicates that the polluter must compensate for environmental damage?
In the case of M.C.Mehta v. Union of India, what was significant about the case?
In the case of M.C.Mehta v. Union of India, what was significant about the case?
What does the precautionary principle imply when there is potential risk to public and environment?
What does the precautionary principle imply when there is potential risk to public and environment?
Which of the following best defines the precautionary principle?
Which of the following best defines the precautionary principle?
What historical context led to the evolution of the Polluter Pays Principle?
What historical context led to the evolution of the Polluter Pays Principle?
In which court case was the precautionary doctrine accepted as part of environmental law?
In which court case was the precautionary doctrine accepted as part of environmental law?
Which aspect does sustainable development balance according to the Supreme Court's opinion?
Which aspect does sustainable development balance according to the Supreme Court's opinion?
Study Notes
Public Trust Doctrine
- Indian legal system incorporates the public trust doctrine as part of common law.
- The state acts as a guardian of natural resources, ensuring they remain publicly accessible and not privatized.
- Legal obligation exists for the state to protect natural resources for public enjoyment.
- The Supreme Court first applied this doctrine in M.C. Mehta v. Kamal Nath, addressing an environmental issue.
- Resources such as air, sea, and forests are deemed too vital for public use to be privately owned.
Doctrine of Sustainable Development
- Environmental pollution and degradation pose serious challenges today.
- Judiciary plays a crucial role in addressing environmental issues while considering industrial progress and economic stability.
- Conflicts arise between industrialization and environmental preservation, necessitating judicial intervention for balance.
- Stopping industrial production may lead to unemployment and poverty, adversely affecting social conditions.
- The Supreme Court, in Vellore Citizens Welfare Forum v. Union of India, emphasized sustainable development as the solution.
- Sustainable development aims to meet current needs without compromising future generations' ability to meet theirs.
Polluter Pays Principle
- Industrial development brings the challenge of compensating pollution victims.
- The principle that "polluter must pay" originated in Europe amidst rising pollution concerns.
- In M.C. Mehta v. Union of India, a factory's hazardous activities highlighted industries' liability for damages caused by pollution.
- The case established a general liability principle for hazardous and dangerous industrial activities.
Precautionary Principle
- The precautionary principle aims to mitigate risks that may harm public and environmental safety.
- When risks are known, the burden of proof lies with those undertaking potentially harmful actions.
- Responsibility exists to protect the public from harm when scientific evidence suggests risks are present.
- In Vijayanagar Education Trust v. Karnataka State Pollution Control Board, the Karnataka High Court recognized the precautionary principle as part of legal doctrine.
- Protections can be lessened if individuals can prove with evidence that their actions are non-harmful.
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