Environmental internal questions

1. 48A and 51g articles related to Environment.

Article 48A, interalia, provides that the State shall endeavour to protect and improve the
environment. Similarly Article 51A(g), inter alia, casts a duty on every citizen of India to
protect and improve the natural environment.

2. Gist of 2 cases related to Environment jurisprudence.

Narmada Bachao Andolan v. Union of India, AIR 2000 SC 3751
A public interest litigation was initiated against the Sardar Sarovar Project which consisted of
the construction of a large dam on the Narmada river. The petition alleged that the project
would lead to ecological destruction. In this case, the Supreme Court balanced the
developmental imperatives and introduced a new dimension in the 'precautionary principle' by
way of interpretation.
The Court stated that sustainable development means what type or extent of development can
take place which can be sustained by nature or ecology with or without mitigation. It was held
that the construction of a dam is neither a nuclear establishment nor a polluting industry. Even
though the construction of dams results in a change of environment but will not be an
ecological disaster as contended. Therefore, the construction of a dam was allowed.

Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Association,
(2000) 7 SCC 282
The Supreme Court, in this case, examined the issue of 'noise pollution' based on the grounds
of religion and whether beating of drums or reciting of prayers by use of microphones and
loudspeakers should be permitted to disturb the peace and tranquillity of the area should be
permitted.

It was held that no religion prescribes that prayers should be performed by disturbing the
peace of others and in the name of religion activities that disturb old or infirm persons,
students or children and other persons carrying on other activities cannot be permitted. The
Supreme Court referring to Article 19(1)(a) and the Noise Pollution (Regulation and Control)
Rules, 200 dismissed the appeal of the appellant and observed that the right to religion under
Articles 25 and 26 of the Constitution is subject to public order, morality and health.

3. Role of UNEP (united nation Environment program)

Together with the Global Environment Facility (GEF), the Green Climate Fund and other
multilateral and bilateral partners, UNDP is working to boost investments in clean energy,
sustainable use of natural resources, disaster risk reduction, adaptation and ultimately, climate
resilience. The United Nations Environment Programme (UNEP) is the leading
environmental authority in the United Nations system. UNEP uses its expertise to strengthen
environmental standards and practices while helping implement environmental obligations at
the country, regional and global levels.
4. Law relating to Environmental protection
The Environment (Protection) Act, 1986 authorizes the central government to protect and
improve environmental quality, control and reduce pollution from all sources, and prohibit or
restrict the setting and /or operation of any industrial facility on environmental grounds.
The Constitution (Forty-Second Amendment) Act, 1976 added a new part IV-A dealing with
"Fundamental Duties" in the Constitution of India Article 51-A (g) specially deals with
fundamental duty with respect to environment that: "It shall be the duty of every citizen of
India to protect and improve the natural environment ...
5. Liabulity of Multi national companies