C-I-V-I-L-S-C-O-D-E

MainsPYQSolved - gs 2

2022 GS2 MAINS PYQ SOLVED

1. "The most significant achievement of modern law in India is the constitutionalization of environmental problems by the Supreme Court." Discuss this statement with the help of relevant case laws.

Introduction

The Supreme Court of India has played a pivotal role in addressing environmental issues by interpreting constitutional provisions, especially Article 21 (Right to Life), to include the right to a clean and healthy environment.

Body

1.Environmental Protection as a Constitutional Mandate

i.Article 21: The Supreme Court has expanded its scope to include environmental protection. Example: Subhash Kumar v. State of Bihar (1991) recognized the right to clean water and air as part of the right to life.

ii.Directive Principles and Fundamental Duties: Articles 48A and 51A(g) mandate environmental preservation, which the judiciary enforces effectively.

2.Landmark Case Laws

i.MC Mehta v. Union of India (1986): Established the "Polluter Pays Principle" and emphasized industrial accountability.

Login for Full Content