Previous Year Questions of CLAT 2022 Legal Reasoning Section on Environmental Law and Constitutional Law

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Passage

The United Nations Commission on Environment and Development defines ‘sustainable development’ as follows:

“Sustainable development is the development that meets the needs of the present without compromising the ability of future generations to meet their own needs.”

Sustainable development clearly postulates an anthropocentric bias, least concerned with the rights of other species which live on this earth. Anthropocentrism is always human-interest focused thinking that considers non-humans as having only instrumental value to humans, in other words, humans take precedence and human responsibilities towards non-human are based on benefits to humans.

Eco-centrism is nature-centred, where humans are part of nature and non-humans have intrinsic value. In other words, human interest does not take automatic precedence and humans have obligations towards non-humans independently of human interest. Eco-centrism is, therefore, life-centred, nature-centred where nature includes both humans and non-humans.

The Constitution of India protects not only human rights but also casts an obligation on human beings to protect and preserve a specie from becoming extinct. Conservation and protection of environment is an inseparable part of the fundamental right to life. According to the doctrine of ‘public trust’ recognized under the Constitution of India, certain common properties such as rivers, seashores, forests and the air are held by the Government in trusteeship for the free and unimpeded use of the general public.

The resources like air, sea, waters and the forests have such a great importance to the people as a whole, that it would be totally unjustified to make them a subject of private ownership. The State, as a custodian of the natural resources, has a duty to maintain them not merely for the benefit of the public, but for the best interest of flora and fauna, wildlife and so on.

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Questions

1. Ms. G, a student of environmental science, has cultivated a butterfly garden which provides a favourable habitat for butterflies. Ms. G has cultivated the butterfly garden so that she could observe and study the different stages of development of butterflies such as egg, larvae, pupae, and adult. In the given situation, which of the following statements is correct?

(A) Ms. G’s approach to cultivation of butterfly garden is anthropocentric because it

concerns the furtherance of her academic interest.

(B) Ms. G’s approach to cultivation of butterfly garden is anthropocentric because it

concerns the conservation of environment.

(C) Ms. G’s approach to cultivation of butterfly garden is eco-centric because it concerns the provision a favourable habitat to the butterflies.

(D) Ms. G’s approach to cultivation of butterfly garden is eco-centric because it concerns the understanding of the different stages of development of butterflies.

2. Which of the following statements is correct?

(A) Anthropocentrism and eco-centrism are different approaches to achieving sustainable development.

(B) Anthropocentrism focuses on the promotion of non-human interests.

(C) Eco-centrism is concerned with the promotion of both human and non-human interests.

(D) Anthropocentrism and eco-centrism are different approaches to protection of environment and sustainable development.

3. Which of the following is the basis for the difference between anthropocentrism and eco-centrism?

(A) The inherent value placed on humans and non-humans.

(B) The inherent value placed on living things and non-living things.

(C) The relationship between human society and environment.

(D) The relationship between non-humans and environment.

4. Which of the following statements is correct regarding fundamental right to life under the Constitution of India?

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(A) It creates a corresponding duty on human beings to protect and preserve non-humans.

(B) It creates a corresponding duty on non-humans to protect the right to life of human beings.

(C) It is inclusive of the right of human beings to utilize non-human resources to the best of their advantage.

(D) It is inclusive of the right of non-humans to utilize human resources to the best of their advantage.

5. Which of the following statements is incorrect according to the doctrine of ‘public trust’?

(A) Private ownership of forests is unwarranted.

(B) Forests are held by the State in a fiduciary capacity.

(C) State is obligated to maintain forests for their economic value.

(D) State is obligated to maintain forests in the interest of humans and non-humans.

Answers

1. A

2. C

3. A

4. C

5. C

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