Mindyard | The 42nd Constitutional Amendment Act 1976 introduced the concept of environmental protection in an explicit manner into the Constitution through introduction of Article 48-A and Article 51-A (g). In many judgments, the Supreme Court ruled that both the state and its residents have a fundamental duty to preserve and protect their natural resources. The recent judgment obliquely makes way for an enforceable right, and a potential obligation on the state unless the same is overturned by an Act of Parliament. India is signatory of various international environmental conservation treaties under which India has the binding commitment to reduce carbon emission. During the COP 21. India signed Paris Agreement along with 196 countries, under which universally binding agreement was made to limit greenhouse gas emission to levels that would prevent global temperatures from increasing to more than 1.5 degree Celsius before the industrial revolution. India has committed to generating 50renewable resources and will generate 500 GW of energy from non-fossil fuels by 2030, reducing the carbon emission by 1 billion ton. Additionally, India has committed to achieve net zero carbon emission target by 2070. Supreme Court’s March 21, 2024 verdict builds on the bulwark of jurisprudence in place since 1986, and, through various other judgments, the Supreme Court has recognised the right to clean environment along with right to clean air, water and soil free from pollution which is absolutely necessary for the enjoyment of life. Any disturbance with these basic elements of environment would amount to violation of Article 21. It also establishes duty of the state to maintain ecological balance and hygienic environment. Although right to clean environment has existed, by recognizing the right against climate change it shall compel the states to prioritize environmental protection and sustainable development. (Extracted, with edits and revision, from ”Supreme Court of India bolts Right to Life with climate justice”, The Economic Times, 06-05-2024) In which among the following, changes were introduced for environmental protection through the Constitution of India (42nd Amendment) Act? 1. Fundamental Rights 2. Fundamental Duties 3. Directive Principles of State Policy 1 2 only, 2 3 only, 1 3 only, 1,2 3

The 42nd Constitutional Amendment Act 1976 introduced the concept of environmental protection in an explicit manner into the Constitution through introduction of Article 48-A and Article 51-A (g). In many judgments, the Supreme Court ruled that both the state and its residents have a fundamental duty to preserve and protect their natural resources.

The recent judgment obliquely makes way for an enforceable right, and a potential obligation on the state unless the same is overturned by an Act of Parliament. India is signatory of various international environmental conservation treaties under which India has the binding commitment to reduce carbon emission. During the COP 21. India signed Paris Agreement along with 196 countries, under which universally binding agreement was made to limit greenhouse gas emission to levels that would prevent global temperatures from increasing to more than 1.5 degree Celsius before the industrial revolution. India has committed to generating 50renewable resources and will generate 500 GW of energy from non-fossil fuels by 2030, reducing the carbon emission by 1 billion ton. Additionally, India has committed to achieve net zero carbon emission target by 2070. Supreme Court’s March 21, 2024 verdict builds on the bulwark of jurisprudence in place since 1986, and, through various other judgments, the Supreme Court has recognised the right to clean environment along with right to clean air, water and soil free from pollution which is absolutely necessary for the enjoyment of life.

Any disturbance with these basic elements of environment would amount to violation of Article 21. It also establishes duty of the state to maintain ecological balance and hygienic environment. Although right to clean environment has existed, by recognizing the right against climate change it shall compel the states to prioritize environmental protection and sustainable development. (Extracted, with edits and revision, from ”Supreme Court of India bolts Right to Life with climate justice”, The Economic Times, 06-05-2024)

In which among the following, changes were introduced for environmental protection through the Constitution of India (42nd Amendment) Act?

1. Fundamental Rights
2. Fundamental Duties
3. Directive Principles of State Policy

Options

1 2 only

2 3 only

1 3 only

1,2 3

Correct Answer :

Option B

2 3 only

Solution :

The correct answer is 2 3 only.

Step-by-step Explanation:

1. Analyzing the passage and context:
According to the passage provided: "The 42nd Constitutional Amendment Act 1976 introduced the concept of environmental protection in an explicit manner into the Constitution through introduction of Article 48-A and Article 51-A (g)."

2. Categorizing the Constitutional provisions introduced by the 42nd Amendment (1976):
• Article 48-A: Added under Part IV of the Constitution, which deals with the Directive Principles of State Policy (DPSP). It states that the State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.
• Article 51-A (g): Added under Part IV-A of the Constitution, which deals with Fundamental Duties. It makes it a duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
• Fundamental Rights (Part III): The 42nd Amendment did not explicitly amend Part III (Fundamental Rights) to insert a specific article on environmental protection. Rather, judicial interpretation (under Article 21 - Right to Life) later expanded the scope of Fundamental Rights to include the right to a clean environment.

3. Evaluating the statements:
1. Fundamental Rights: Not explicitly introduced for environmental protection by the 42nd Amendment Act.
2. Fundamental Duties: Introduced via Article 51-A (g) by the 42nd Amendment Act. (Correct)
3. Directive Principles of State Policy: Introduced via Article 48-A by the 42nd Amendment Act. (Correct)

Therefore, environmental protection changes were explicitly introduced into the Fundamental Duties and Directive Principles of State Policy (2 and 3 only).

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