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Question

Protection of wildlife comes under which of the following in Constitution of India?

1. Fundamental duties

2. Directive principles

3. Seventh schedule

Select the correct option from the codes given below-

The correct answer is

1 and 2

The protection of wildlife in India is a significant aspect of environmental conservation, and the Indian Constitution addresses this vital concern through various provisions. Specifically, the Constitution includes provisions for wildlife protection under both Fundamental Duties and Directive Principles of State Policy.

Wildlife Protection and Fundamental Duties

Fundamental Duties are a set of moral obligations for all citizens of India, added to the Constitution by the 42nd Amendment Act in 1976. These duties aim to promote a spirit of patriotism and uphold the unity of India. One of these duties directly relates to environmental protection, including wildlife:

  • Article \(\text{51A(g)}\): This article states that it shall be the 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."

This constitutional provision clearly lays down an obligation on the citizens to protect and improve wildlife, making it a fundamental duty.

Wildlife Protection and Directive Principles of State Policy

Directive Principles of State Policy (DPSPs) are guidelines or principles given to the central and state governments of India, intended to be kept in mind while framing laws and policies. While these principles are not enforceable by courts, they are considered fundamental in the governance of the country. The protection of wildlife is also included as a DPSP:

  • Article \(\text{48A}\): This article, also added by the 42nd Amendment Act, mandates that "The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country."

Therefore, Article \(\text{48A}\) places a duty on the State to take measures for the protection and improvement of wildlife, aligning with the Directive Principles.

Seventh Schedule and Wildlife

The Seventh Schedule of the Constitution of India deals with the distribution of legislative powers between the Union (Central) government and the State governments. It contains three lists: the Union List, State List, and Concurrent List. While the Seventh Schedule does not directly mandate the "protection" of wildlife in the same way Fundamental Duties and DPSPs do, it allocates the power to legislate concerning forests and wildlife.

  • Entry 17A of the Concurrent List deals with "Forests".
  • Entry 17B of the Concurrent List deals with "Protection of wild animals and birds".

These entries signify that both the Parliament and State Legislatures have the authority to make laws related to forests and the protection of wild animals and birds. However, in the context of what "protection of wildlife comes under" as a direct constitutional mandate or duty, Fundamental Duties and Directive Principles are more directly applicable.

Summary of Constitutional Provisions for Wildlife Protection

Based on the analysis of the constitutional provisions regarding wildlife protection:

  • Fundamental Duties (\(\text{Article}\) \(\text{51A(g)}\)) explicitly state the duty of citizens to protect wildlife.
  • Directive Principles of State Policy (\(\text{Article}\) \(\text{48A}\)) explicitly state the duty of the State to protect wildlife.

The Seventh Schedule provides for the legislative competence over wildlife but does not establish a direct constitutional duty for protection in the same manner as the other two parts. Thus, the direct provisions for wildlife protection are found under Fundamental Duties and Directive Principles.

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