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Zorluk: ZorNational Environmental Legislation, Acts and Policies in India

Consider the following statements regarding statutory authorities and constitutional mandates for environmental protection in India:

Statement I: The National Biodiversity Authority (NBA) is a statutory body established directly under the administrative provisions of the Environment (Protection) Act, 1986.
Statement II: Article 48A of the Directive Principles of State Policy enjoins the State to protect and improve the environment and safeguard forests and wildlife.
Statement III: The Central Ground Water Authority (CGWA) was constituted as a statutory authority under the provisions of the Environment (Protection) Act, 1986.

Which of the statements given above are correct?

  1. A
    Only Statement I and Statement II are correct
  2. Only Statement II and Statement III are correctCevap
  3. C
    Only Statement I and Statement III are correct
  4. D
    All three statements (Statement I, Statement II, and Statement III) are correct

Cevap

Only Statement II and Statement III are correct.
The correct response identifies that Statement II and Statement III are true while Statement I is false. Article 48A was added to Directive Principles of State Policy via the 42nd Amendment Act in 1976. The Central Ground Water Authority (CGWA) was established under Section 3(3) of the Environment (Protection) Act, 1986. Conversely, the National Biodiversity Authority (NBA) derives its statutory authority from the Biological Diversity Act, 2002.

Adım Adım Çözüm

1
Evaluate Statement I regarding the establishing statute for the National Biodiversity Authority (NBA).
The NBA is an autonomous statutory body established in 2003 to implement India's Biological Diversity Act, 2002. It was not established under the Environment (Protection) Act, 1986. Thus, Statement I is incorrect.
Identify the specific parent statute governing statutory environmental bodies in India.
2
Evaluate Statement II regarding constitutional provisions for environmental protection.
Article 48A of the Constitution of India mandates that 'The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.' It was inserted into Part IV by the 42nd Amendment Act, 1976. Thus, Statement II is correct.
Verify constitutional amendments and Directive Principles of State Policy related to ecology.
3
Evaluate Statement III regarding the statutory origin of the Central Ground Water Authority (CGWA).
The Central Ground Water Authority was constituted under sub-section (3) of Section 3 of the Environment (Protection) Act, 1986, for the purpose of regulation and control of groundwater development and management. Thus, Statement III is correct.
Recognize bodies created specifically using delegated power under Section 3(3) of the Environment (Protection) Act, 1986.

Anahtar Kavram

Statutory basis of environmental bodies and constitutional provisions in India
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