Environmental law MCQ Quiz - Objective Question with Answer for Environmental law - Download Free PDF

The correct answer is 'The National Green Tribunal adopted the pragmatic "consultative and deliberated" approach in this case.'

Key Points

• Vardhaman Kaushik v/s Union of India case overview:
  • This case focused on addressing the growing menace of air pollution in Delhi and the surrounding National Capital Region (NCR).
  • The petitioner approached the National Green Tribunal (NGT) seeking intervention to combat deteriorating air quality caused by vehicular emissions, construction dust, crop residue burning, and other factors.
  • The NGT took a proactive stance to address the issue, reflecting its commitment to environmental protection.
• Unique approach adopted by NGT:
  • The tribunal adopted a "consultative and deliberated" approach, involving various stakeholders such as government agencies, pollution control boards, and experts.
  • Instead of merely passing directives, the NGT emphasized collaboration and implementation of practical solutions.
  • For instance, the tribunal directed measures like restricting vehicular emissions, controlling dust from construction activities, and implementing long-term plans for pollution control.
  • This approach was pragmatic as it aimed to ensure compliance and effective resolution of the issue rather than focusing solely on punitive measures.

Additional Information

• Explanation of incorrect options:
  • (A) The NGT rejected the petition for want of locus standi for the petitioner: This is incorrect because the tribunal did not reject the petition on this basis. In fact, the NGT actively engaged with the petition, recognizing the seriousness of air pollution in the region.
  • (C) The NGT rejected the petition for want of jurisdiction in the matter: This is incorrect as the NGT has jurisdiction over cases related to environmental issues and exercised its powers effectively in this case.
  • (D) The NGT permitted the burning of crop remnant in agricultural fields falling in NCR Delhi: This is incorrect because the tribunal took steps to curb practices like crop residue burning, which contribute significantly to air pollution in the region.
• Importance of the case:
  • The case underscored the role of the NGT in addressing environmental challenges using a balanced and pragmatic approach.
  • It highlighted the need for multi-stakeholder efforts and long-term planning to resolve complex environmental issues like air pollution.

The correct answer is 'Plants and Animals, and Microorganisms or parts of their genetic material.'

Key Points

• Definition of Biological Resources:
  • The Biological Diversity Amendment Act, 2023 refines the definition of biological resources to encompass plants, animals, microorganisms, or parts of these, including genetic material.
  • It explicitly excludes human genetic material from the definition of biological resources to address ethical concerns and ensure compliance with international standards.
  • This updated definition aims to safeguard biodiversity while promoting sustainable use and equitable sharing of benefits arising from biological resources.
• Correct Answer Explanation:
  • The inclusion of plants, animals, and microorganisms (or their genetic material) reflects the broad scope of biological diversity covered under the Act.
  • This definition aligns with global frameworks like the Convention on Biological Diversity (CBD), ensuring consistency in biodiversity conservation efforts.

Additional Information

• Incorrect Options:
  • (A) and (C) Only:
    • This option incorrectly includes human genetic material under the definition of biological resources, which is explicitly excluded in the Act.
  • (B) and (C) Only:
    • This option incorrectly focuses on microorganisms and human genetic material, omitting plants and animals, which are integral to the definition of biological resources.
  • (B) and (D) Only:
    • Option D mentions derivatives and value-added products, which are not part of the definition provided by the Biological Diversity Amendment Act, 2023.
• Importance of Updated Definition:
  • The amended definition aims to clarify ambiguities, ensuring better legal and regulatory frameworks for biodiversity protection.
  • It reinforces India's commitment to sustainable development and equitable benefit-sharing arising from the use of biological resources.

The correct answer is 'Option 4: (A)-(II), (B)-(IV), (C)-(I), (D)-(III)'

Key Points

• Forest (Conservation) Act, 1980:
  • This act primarily aims to conserve forests and regulate deforestation by restricting the use of forest land for non-forest purposes.
  • The penalty provisions for violations under this act are covered under Section 3A and 3B, making (A)-(II) the correct match.
• Wildlife Protection Act, 1972:
  • This law seeks to protect wildlife, including flora and fauna, and establish protected areas like national parks and sanctuaries.
  • The penalties for contraventions under this act are outlined in Section 51, making (B)-(IV) the correct match.
• The Environment (Protection) Act, 1986:
  • This act provides a framework for environmental protection in India, empowering the government to take measures to prevent environmental pollution.
  • The penalty provisions are governed by Section 15, making (C)-(I) the correct match.
• National Green Tribunal (NGT) Act, 2010:
  • The NGT Act was enacted to handle cases related to environmental protection and conservation of forests and other natural resources.
  • The penalties for failing to comply with the orders or directions of the NGT are outlined in Section 26, making (D)-(III) the correct match.

Additional Information

• Why other options are incorrect:
  • Option 1: Incorrect because it mismatches the Forest (Conservation) Act, 1980 with Section 15, which is actually associated with the Environment (Protection) Act, 1986.
  • Option 2: Incorrect because it mismatches the NGT Act, 2010 with Section 51, which is actually associated with the Wildlife Protection Act, 1972.
  • Option 3: Incorrect because it mismatches the Forest (Conservation) Act, 1980 with Section 15 and the Wildlife Protection Act, 1972 with Section 26.
• Importance of these Acts:
  • These laws collectively form the backbone of India's legal framework for environmental conservation and protection.
  • They impose stringent penalties for violations, thereby ensuring compliance and safeguarding natural resources.

'Codified Traditional Knowledge'

Key Points

• Codified Traditional Knowledge:
  • The term refers to knowledge that has been formally documented and is derived from authoritative sources such as books, scriptures, or texts recognized under specific legal frameworks.
  • In the context of the Biological Diversity (Amendment) Act, 2023, it specifically refers to the knowledge derived from authoritative books listed in the First Schedule of the Drugs and Cosmetics Act, 1940.
  • This knowledge is often associated with traditional practices, remedies, and formulations that have been codified for reference, ensuring their authenticity and widespread acceptance.
  • The act recognizes this codified knowledge to regulate its use in the context of biological diversity and ensure fair and equitable sharing of benefits arising from its utilization.

Additional Information

• Traditional Knowledge:
  • Traditional knowledge generally refers to unwritten cultural practices and wisdom passed down through generations, often orally.
  • It is not necessarily codified or documented in authoritative texts, making it distinct from codified traditional knowledge.
  • This is why the term 'Traditional Knowledge' does not fit the specific definition provided in the Biological Diversity (Amendment) Act, 2023.
• Sacred Knowledge:
  • Sacred knowledge typically refers to spiritual or religious wisdom considered holy or divine, often confined to specific religious or spiritual traditions.
  • The Biological Diversity (Amendment) Act, 2023 does not specifically address sacred knowledge in the context of codified sources like the First Schedule of the Drugs and Cosmetics Act, 1940.
• Codified Knowledge:
  • Codified knowledge refers to formally documented information but does not necessarily imply a connection to traditional practices or heritage.
  • While it shares similarities with codified traditional knowledge, the inclusion of 'traditional' is critical in this context as it ties the knowledge to cultural heritage.

The correct answer is 'Heads under which compensation or relief for damage may be claimed'

Key Points

• Schedule II of the National Green Tribunal (NGT) Act, 2010:
  • Schedule II of the NGT Act, 2010, outlines the heads under which compensation or relief for damage may be claimed.
  • This includes provisions for environmental damage, harm to individuals, and loss to property due to environmental hazards or violations.
  • The NGT was established to provide effective and expeditious environmental dispute resolution, and Schedule II ensures accountability by providing a framework for compensation.
  • Compensation claims under this schedule may be related to restoration of the environment, monetary relief for individuals affected, or penalties imposed on violators.

Additional Information

• Other Options Explained:
  • List of the Acts Repealed (Option 1):
    • This is incorrect as the NGT Act, 2010, does not repeal any specific acts. Instead, it works alongside other environmental laws like the Environment Protection Act, 1986, to enforce environmental accountability.
  • List of the Acts Amended (Option 2):
    • This is incorrect because the NGT Act does not amend any existing legislation. It is a standalone act aimed at addressing environmental disputes and providing a specialized forum for their resolution.
  • Rules to be followed by NGT (Option 4):
    • While the NGT follows specific rules and procedures, these are not part of Schedule II. The rules are outlined in separate sections and regulations under the act.
  • Others (Option 5):
    • This is a placeholder option and does not pertain to Schedule II of the NGT Act, 2010.
• About the National Green Tribunal (NGT):
  • The NGT was established under the National Green Tribunal Act, 2010, to handle cases related to environmental protection, conservation of forests, and other natural resources.
  • It is a specialized body that provides a speedy and effective mechanism for the resolution of environmental disputes.
  • The tribunal has the power to enforce legal rights relating to the environment and award compensation for damages caused by violations of environmental laws.

The correct answer is 1987.

Key Points

• Introduction:
  • The Air (Prevention and Control of Pollution) Act, 1981, was established to combat air pollution in India by controlling emissions of pollutants from industrial plants and automobiles.
  • Initially, the Act primarily focused on air pollution caused by industrial and vehicular emissions.
• Noise Pollution Inclusion:
  • In 1987, an amendment was made to the Air Act to include noise pollution under its purview.
  • This change was necessitated by the growing recognition of noise as a significant pollutant that affects public health and the environment.

Additional Information

• Option 1 (1981):
  • The Air Act was initially enacted in 1981 but did not include noise pollution at that time.
• Option 3 (1982):
  • No significant amendments related to noise pollution were made to the Air Act in 1982.
• Option 4 (2000):
  • By 2000, noise pollution had already been included in the Air Act, so this option is incorrect.

Key Points

Statement A: State of Orissa V/S Rabindranath Dalai and others
This case does not specifically relate to environmental protection. It may involve other legal or constitutional matters but is not widely recognized as a landmark case in environmental law.
Hence, Statement A is incorrect.
Statement B: Subhash Kumar V/S State of Bihar and others
This is a landmark case related to environmental protection in India. In this case, the Supreme Court recognized the right to a pollution-free environment as a part of the right to life under Article 21 of the Constitution.
Hence, Statement B is correct.
Statement C: Almitra H Patel and others V/s Union of India and others
This case is related to waste management and environmental protection in India. It dealt with issues regarding solid waste management practices in cities and towns, highlighting the importance of sustainable waste management for environmental protection.
Hence, Statement C is correct.
Statement D: M. C. Mehta V/s Union of India
M.C. Mehta has been involved in several landmark cases related to environmental protection in India, advocating for the Ganga pollution case, air pollution in Delhi, among others. The name M.C. Mehta is synonymous with environmental activism in the Indian legal context.
Hence, Statement D is correct.
Statement E: Kashi Ram and others V/S State of Rajasthan
This case might not be as widely recognized in the context of environmental protection as the others mentioned. Without specific details, it's challenging to ascertain its relevance directly to landmark environmental law cases.
Given the lack of clear association with a major environmental protection issue in public records, we may consider Statement E as not specifically correct in the context provided.
Conclusion:
The correct answer is B, C, and D only which makes option 4 the right choice.
Subhash Kumar V/S State of Bihar and others, Almitra H Patel and others V/s Union of India and others, and M. C. Mehta V/s Union of India are all significant cases related to environmental protection, highlighting issues from pollution control to sustainable waste management and the right to a clean environment as a part of the right to life.

The correct answer is Option 3.

Key Points

The correct answer is 'Over all civil cases where a substantial question relating to environment is involved and such question arises out of the implementation of the enactments specified in Schedule I'

Key Points

• Jurisdiction of National Green Tribunal (NGT):
  • The National Green Tribunal (NGT) has jurisdiction over all civil cases where a substantial question relating to the environment is involved and such a question arises out of the implementation of the enactments specified in Schedule I of the NGT Act.
  • This includes legislation related to environmental protection, conservation of forests, and other natural resources.
  • The NGT was established for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
  • It aims to provide a specialized forum for adjudicating environmental disputes involving multi-disciplinary issues.

Additional Information

• Over all civil and criminal cases where substantial question relating to environment has arisen:
  • This option is incorrect because the NGT does not have jurisdiction over criminal cases. Its jurisdiction is limited to civil cases involving environmental issues.
• Over all criminal cases involving the question relating to environmental pollution:
  • This option is incorrect as the NGT deals only with civil cases and not criminal cases.
• Over every case relating to environment:
  • This option is incorrect because the NGT's jurisdiction is specific to civil cases involving substantial questions relating to the environment as per the enactments specified in Schedule I, not every environmental case.

The correct answer is Option 3.

Key Points

The correct answer is Option 4.

Key Points

The correct answer is Option 2.

Key Points

Case: T.N. Godavarman Thirumulpad v. Union of India

• The Supreme Court of India has dealt with numerous cases related to environmental law and the protection of natural resources. In one such landmark case, the Court provided a profound definition of the environment, highlighting its vast and encompassing nature.

• Environment Definition:

  • In the case of T.N. Godavarman Thirumulpad v. Union of India, the Supreme Court of India discussed the complexity of defining the environment. The Court stated that "environment is a difficult word to define. Its normal meaning relates to the surroundings, but obviously that is a concept which is relatable to whatever object it is which is surrounded. Einstein had once observed, the environment is everything that is not me."

• Significance of the Case:

  • This case is significant in Indian environmental jurisprudence as it led to extensive judicial interventions for the conservation and protection of forests in India.
  • The Court's observation underscores the broad and inclusive nature of the environment, encompassing all that surrounds and impacts living beings.

Additional Information

• Other Cases:
  • A.K. Gopalan v. State of Madras: This case primarily dealt with the right to personal liberty and the interpretation of Article 21 of the Constitution of India.
  • Olga Tellis v. Bombay Municipal Corp.: This case addressed the rights of pavement dwellers and their right to livelihood under Article 21.
  • Maneka Gandhi v. Union of India: This case expanded the scope of Article 21, emphasizing the right to life and personal liberty, and the need for procedure established by law to be fair, just, and reasonable.
• The Supreme Court's observation about the definition of the environment in T.N. Godavarman Thirumulpad v. Union of India highlights the intricate and all-encompassing nature of environmental protection. Therefore, the correct answer is Option 2.

The correct answer is '2016'

Key Points

• Introduction of Plastic Waste Management Rules:
  • The Ministry of Environment, Forest and Climate Change (MOEF) introduced the Plastic Waste Management Rules in 2016.
  • These rules were established to address the growing concern of plastic waste pollution in India.
  • The 2016 rules replaced the earlier Plastic Waste (Management and Handling) Rules, 2011.

Additional Information

• Other Options Overview:
  • 2015: No significant plastic waste management rules were introduced by MOEF in 2015.
  • 2018: While there were amendments to the 2016 rules, no new Plastic Waste Management Rules were introduced in 2018.
  • 2017: There were no new rules introduced in 2017; the 2016 rules were still in effect.
• Significance of 2016 Rules:
  • These rules aimed to increase the minimum thickness of plastic carry bags from 40 to 50 microns.
  • Extended Producer Responsibility (EPR) was introduced, making producers, importers, and brand owners responsible for the collection of waste generated by their products.
  • Local bodies were given a more active role in the management of plastic waste.

The correct answer is 'An idea to check and take necessary action against erring industries and erring officers'

Key Points

• Environmental Audit under the Environment (Protection) Act, 1986:
  • It is a systematic, documented, periodic, and objective review of facility operations and practices related to meeting environmental requirements.
  • The primary goal is to ensure industries comply with environmental regulations and to identify areas where improvements are needed.
  • It involves checking the compliance status of various industries and taking necessary actions against those not adhering to environmental norms.

Additional Information

• Other options explained:
  • A check on the accounts of the companies involved in environment pollution:
    • This option refers to financial audits, which are not specifically aimed at environmental compliance but rather at financial records and transactions.
  • A check on environmental pollutants and the measure on extent of damage caused:
    • This involves monitoring and measuring pollution levels, which is a part of the environmental audit but not its sole focus.
  • All of the above:
    • This option is incorrect as it combines elements that are not all part of the environmental audit under the specified act.

The correct answer is 'Ensure that the victims of damage are compensated as well as that the degradation so caused to the environment is mitigated.'

Key Points

• Polluter Pays Principle:
  • The polluter pays principle is a fundamental concept in environmental law and policy.
  • It mandates that those responsible for pollution bear the costs of managing it to prevent damage to human health or the environment.
  • This principle aims to ensure that polluters are held accountable for the environmental harm they cause.
• Objective of the Principle:
  • The primary objective is to ensure that the victims of environmental damage are compensated.
  • Additionally, it seeks to mitigate the degradation caused to the environment by making polluters responsible for the costs of their actions.

Additional Information

• Purely deterrent effects:
  • While deterrence is an aspect of the polluter pays principle, it is not the primary objective.
  • Deterrence aims to prevent future pollution but does not address compensation and mitigation directly.
• Retributive effect:
  • Retribution focuses on punishment rather than compensation or environmental restoration.
  • The polluter pays principle is more about accountability and responsibility rather than punishment.
• None of the above:
  • This option is incorrect as it does not align with the primary objectives of the polluter pays principle.