Common LLB Examination
Environmental Law
7
General Instructions
- Answer all questions from Part A.
- Answer any FOUR questions from Part B.
- Answer any ONE question from Part C.
- Answer all questions from Part D.
- Marks are indicated against each question.
- Reference to statutory provisions, judicial decisions, and international instruments is expected.
Part A - Short Answer Questions
Answer ALL questions. Each question carries 2 marks.
What is the meaning of 'hazardous substance' under Section 2(e) of the Environment (Protection) Act, 1986?[2 Marks]
State the fundamental duties of citizens towards the environment as enshrined in Article 51A(g) of the Indian Constitution.[2 Marks]
What is the 'Precautionary Principle' in environmental law? State the case in which it was recognised as part of Indian law.[2 Marks]
Define 'occupier' under Section 2(f) of the Environment (Protection) Act, 1986.[2 Marks]
What is the 'Public Trust Doctrine'? Name the Indian case where it was first applied.[2 Marks]
State the penalty for contravention of the provisions of the Environment (Protection) Act, 1986 under Section 15.[2 Marks]
What is a 'National Park' under Section 35 of the Wildlife (Protection) Act, 1972? How does it differ from a 'sanctuary'?[2 Marks]
What are the 'emission standards' and 'effluent standards' that may be prescribed under the Environment (Protection) Act, 1986?[2 Marks]
Define 'forest land' for the purposes of the Forest (Conservation) Act, 1980 as interpreted in T.N. Godavarman v. Union of India.[2 Marks]
What is the appellate mechanism available against orders of the National Green Tribunal?[2 Marks]
Part B - Descriptive Questions
Answer any FOUR questions. Each question carries 10 marks.
Discuss the salient features of the Environment (Protection) Act, 1986. Why is it called an 'umbrella legislation'? Explain the rule-making powers of the Central Government under Sections 6 and 25. How does this Act fill the gaps left by the Water Act and the Air Act?[10 Marks]
Explain the concept of 'Absolute Liability' as evolved by the Supreme Court in M.C. Mehta v. Union of India (Oleum Gas Leak Case, AIR 1987 SC 1086). How does this doctrine differ from the rule in Rylands v. Fletcher? Why did the Supreme Court feel the need to develop a new principle for India? Discuss its applicability to industries engaged in inherently dangerous activities.[10 Marks]
Critically examine the Air (Prevention and Control of Pollution) Act, 1981. Discuss the powers of the State Pollution Control Board to declare air pollution control areas under Section 19. What are the restrictions on the use of certain industrial plants under Section 21? Explain the procedure for granting consent to operate under Section 21.[10 Marks]
A leather tanning industry in a cluster of villages is discharging chromium and other toxic chemicals into the groundwater, causing severe health problems including cancer among villagers. Despite complaints, the State Pollution Control Board has not taken action. Discuss the legal remedies available to the villagers. Can they file a writ petition under Article 21? What relief can the NGT grant? Refer to Indian Council for Enviro-Legal Action v. Union of India.[10 Marks]
Discuss the concept of 'Sustainable Development' as explained by the Supreme Court in Vellore Citizens Welfare Forum v. Union of India. Trace its origin from the Stockholm Declaration 1972 and the Rio Declaration 1992 to its incorporation into Indian environmental jurisprudence. How does the principle of intergenerational equity relate to sustainable development?[10 Marks]
Part C - Essay / Problem Questions
Answer any ONE question. Each question carries 15 marks.
Discuss the role of the judiciary in the development of environmental law in India through Public Interest Litigation (PIL). Critically analyse the contribution of the Supreme Court in M.C. Mehta v. Union of India (Ganga Pollution Case), M.C. Mehta v. Union of India (Taj Trapezium Case), M.C. Mehta v. Union of India (Vehicular Pollution Case), and Subhash Kumar v. State of Bihar. Evaluate whether judicial activism has been effective in bridging the gap between environmental legislation and its implementation. Also discuss the limitations of judicial intervention in environmental governance.[15 Marks]
The State Government proposes to divert 500 hectares of forest land for a hydroelectric project in a biodiversity-rich region that is home to endangered species listed in Schedule I of the Wildlife (Protection) Act, 1972. The project has received environmental clearance from the Ministry of Environment under the EIA Notification 2006, but no clearance under the Forest (Conservation) Act 1980 has been obtained. Local communities and environmental organisations approach the NGT. Discuss the legal framework governing diversion of forest land, the role of the Forest Advisory Committee, the rights of forest-dwelling communities under the Forest Rights Act 2006, and the principles the NGT should apply in adjudicating this dispute. Refer to T.N. Godavarman v. Union of India and Centre for Environmental Law, WWF-I v. Union of India.[15 Marks]
Part D - Case Analysis / Applied Questions
Answer ALL questions. Each question carries 5 marks.
A municipal corporation dumps solid waste in an open area near a residential colony, causing health hazards and groundwater contamination. Discuss the legal provisions under the Solid Waste Management Rules, 2016 and the Environment (Protection) Act, 1986. What are the duties of local authorities? Can the residents approach the NGT for relief? Refer to Almitra Patel v. Union of India (2000).[5 Marks]
Explain the significance of the Forest (Conservation) Act, 1980 in preventing deforestation. Discuss the prior approval requirement for diversion of forest land under Section 2. What is the role of the Forest Advisory Committee? Discuss the amendments introduced in 2023 and their impact on forest conservation.[5 Marks]
Analyse the decision in Vellore Citizens Welfare Forum v. Union of India (1996). How did the Supreme Court incorporate the precautionary principle and polluter pays principle into Indian law? What directions did the Court issue regarding tanneries polluting the River Palar in Tamil Nadu?[5 Marks]
A pesticide manufacturing unit causes a gas leak affecting a nearby village, resulting in deaths and injuries. Discuss the liability of the enterprise under the principle of absolute liability. Can the victims claim compensation under the Public Liability Insurance Act, 1991 and the NGT Act, 2010? Explain the scheme of environmental compensation.[5 Marks]
Discuss the international environmental law principles that have influenced Indian environmental jurisprudence. Explain the significance of the Stockholm Declaration 1972, Rio Declaration 1992, and the Paris Agreement 2015. How have Indian courts relied on these international instruments in interpreting domestic environmental legislation?[5 Marks]