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Question

Given below are two statements regarding constitutional provisions for the protection of environment in India.

Statement I: The state shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.

Statement II: It shall be the duty of every citizen of India to protect and improve the natural environment.

In the light of the above statements, choose the correct answer from the options given below

The correct answer is

Both Statement I and Statement II are true

Understanding Constitutional Provisions for Environmental Protection in India

The question asks about two statements concerning the constitutional provisions in India related to the protection and improvement of the environment, forests, and wildlife. Let's analyze each statement based on the Indian Constitution.

Analyzing Statement I: State's Duty for Environment Protection

Statement I says: "The state shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country." This statement directly reflects a provision found in the Directive Principles of State Policy (DPSP) of the Indian Constitution.

  • Article 48A, inserted into the Constitution by the 42nd Amendment Act of 1976, states: "The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country."
  • Directive Principles are guidelines for the state to follow while making laws and policies. Although not directly enforceable by courts, they are fundamental in the governance of the country.

Based on Article 48A, Statement I is a correct representation of the constitutional mandate for the state regarding environmental protection.

Analyzing Statement II: Citizen's Duty for Environment Protection

Statement II says: "It shall be the duty of every citizen of India to protect and improve the natural environment." This statement pertains to the Fundamental Duties of the citizens of India.

  • Fundamental Duties were also added to the Constitution by the 42nd Amendment Act of 1976 (upon the recommendations of the Swaran Singh Committee).
  • Article 51A lists the Fundamental Duties of citizens.
  • Specifically, Article 51A(g) states: "It shall be the duty of every citizen of India - ... (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;"

Based on Article 51A(g), Statement II accurately describes one of the fundamental duties of every citizen of India regarding the natural environment.

Conclusion Based on Statements

Both Statement I (reflecting Article 48A) and Statement II (reflecting Article 51A(g)) are true constitutional provisions in India regarding environmental protection.

Choosing the Correct Option

Given that both Statement I and Statement II are true, the correct option is the one that affirms the truthfulness of both statements.

Therefore, the option "Both Statement I and Statement II are true" is the correct answer.

The constitutional provisions for environmental protection highlight a shared responsibility between the state and its citizens to protect and improve the natural environment.

Revision Table: Constitutional Environmental Provisions

Provision Type Constitutional Article Subject Matter Key Phrase (Relevant Part)
Directive Principle of State Policy (DPSP) Article 48A Duty of the State towards Environment State shall endeavour to protect and improve the environment and to safeguard the forests and wild life.
Fundamental Duty Article 51A(g) Duty of the Citizen towards Environment It shall be the duty of every citizen to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.

Additional Information on Environmental Protection in India

Environmental protection has gained significant importance in India's legal and policy framework over the years. Beyond the foundational provisions in Article 48A and Article 51A(g), the Indian judiciary has also played a crucial role in interpreting these provisions and establishing the right to a healthy environment as part of the fundamental right to life under Article 21.

Key points:

  • 42nd Amendment Act, 1976: This amendment is pivotal as it introduced both Article 48A (DPSP) and Article 51A(g) (Fundamental Duty), giving constitutional recognition to environmental protection.
  • Directive Principles vs. Fundamental Duties: DPSP are guiding principles for the state, while Fundamental Duties are obligations for citizens. Both together create a framework for environmental governance and responsibility.
  • Judicial Activism: The Supreme Court and various High Courts have actively used Article 21 (Right to Life and Personal Liberty) to include the right to a clean and healthy environment, making environmental protection enforceable through the courts.
  • Environmental Laws: Parliament has enacted specific laws like the Environment (Protection) Act, 1986; the Wildlife (Protection) Act, 1972; the Forest (Conservation) Act, 1980; and the Water (Prevention and Control of Pollution) Act, 1974, to implement the constitutional mandates.

These constitutional provisions form the bedrock for environmental governance and citizens' responsibility towards conserving nature in India.

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