CA1

Questions and Answers

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?

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?

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?

Rise in unemployment and poverty Signup and view all the answers

Which resources are emphasized under the public trust doctrine as being unjust to privatize?

Air, sea waters, and forests Signup and view all the answers

What is a key principle of sustainable development as identified by the judiciary?

Pollution should stay within the environment's sustainable capacity Signup and view all the answers

What does the public trust doctrine primarily assert about certain natural resources?

They are vital for public well-being and should remain common property. Signup and view all the answers

What does the conflict between industrialization and environmental preservation suggest?

A balance must be achieved to ensure both can coexist. Signup and view all the answers

What does sustainable development aim to achieve?

Fulfill the needs of present generation without compromising future needs Signup and view all the answers

What principle indicates that the polluter must compensate for environmental damage?

Polluter Pays Principle Signup and view all the answers

In the case of M.C.Mehta v. Union of India, what was significant about the case?

It clarified the liability of industries in hazardous activities Signup and view all the answers

What does the precautionary principle imply when there is potential risk to public and environment?

The burden of proof lies on those taking the action Signup and view all the answers

Which of the following best defines the precautionary principle?

There is a duty to protect the public from harm when risks are identified Signup and view all the answers

What historical context led to the evolution of the Polluter Pays Principle?

Europe facing unprecedented pollution issues Signup and view all the answers

In which court case was the precautionary doctrine accepted as part of environmental law?

Vijayanagar Education Trust v. Karnataka State Pollution Control Board Signup and view all the answers

Which aspect does sustainable development balance according to the Supreme Court's opinion?

Development and ecological sustainability Signup and view all the answers

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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CA1