CLAT Constitutional Law Practice Questions With Solutions

The 42"d Constitutional Amendment Act 1976 introduced the concept of environmental protection in an explicit manner into the Constitution through introduction of Article 48 -A and Article 51 -A (g). In many judgments, the Supreme Court ruled that both the s tate and its residents have a fundamental duty to preserve and protect their natural resources. The recent judgment obliquely makes way for an enforceable right and a potential obligation on the state unless the same is overturned by an Act of Parliamen t. India is signatory of various international environmental conservation treaties under which India has the binding commitment to reduce carbon emission. During the COP 21, India signed Paris Agreement along with 196 countries, under which universally bindin g agreement was made to limit greenhouse gas emission to levels that would prevent global temperatures from increasing to more than 1.5 degree Celsius before the industrial revolution. India has committed to generating 50% of its energy through renewable resources and will generate 500 GW of energy from non -fossil fuels by 2030, reducing the carbon emission by 1 billion ton. Additionally, India has committed to achieve net zero carbon emission target by 2070. Supreme Court's March 21, 2024 verdict builds on the bulwark of jurisprudence in place since 1986, and, through various other judgments, the Supreme Court has recognized the right to clean environment along with right to clean air, water and soil free from pollution which is absolutely necessary for the enjoyment of life. Any disturbance with these basic elements of environment would amount to violation of Article 21. It also establishes duty of the state to maintain ecological balance and hygienic environm ent. Although right to clean environment has existed, by recognizing the right against climate change it shall compel the states to prioritize environmental protection and sustainable development.

The Public Examinations (Prevention of Unfair Means) Act, 2024 that has provision for up to five years' imprisonment and a fine of up to ₹ 1 crore for malpractices and organized cheating in government recruitment exams was notified by the Union government and came into effect from June 21, 2024. The Bill had received assent from the President of India on the 13th February 2024. The Public Examinations (Prevention of Unfair Means) Act, 2024 mentions punishments for "leakage of question paper or answer k ey", "directly or indirectly assisting the candidate in any manner unauthorizedly in the public examination" and "tampering with the computer network or a computer resource or a computer system" as offences done by a person, group of persons or institution s. Besides these, "creation of fake website to cheat or for monetary gain", "conduct of fake examination, issuance of fake admit cards or offer letters to cheat or for monetary gain" and "manipulation in seating arrangements, allocation of dates and shifts for the candidates to facilitate adopting unfair means in examinations" are also among the offences punishable under the law. "Any person or persons resorting to unfair means and offences under this Act shall be punished with imprisonment for a term not less than three years but which may extend to five years and with fine up to ₹10 lakh," said the Act. A service provider, engaged by the public examination authority for conduct of examinations, shall also be liable to be punished with imposition of a fine up to ₹1 crore "and proportionate cost of examination shall also be recovered” from it, according to the Act. Such service prov iders shall also be barred from being assigned with any responsibility for the conduct of any public examination for a period of four years.