CLAT PG Environmental Law Syllabus

Environmental Law syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Environmental Law in CLAT PG, not a summary of it.

1. 1

   Sustainable Development

   1 topic

   • Concept and Application
2. 2

   Precautionary Principle

   1 topic

   • Concept and Application
3. 3

   Polluter Pays Principle

   1 topic

   • Concept and Application
4. 4

   Legal Framework

   2 topics

   • National Green Tribunal Act
   • Environmental Protection Act
5. 5

   International Environmental Law

   1 topic

   • Key Treaties and Conventions

Environmental Law flashcards for CLAT PG

20 of 51 cards from the Environmental Law deck — real questions with worked answers.

1. What is the constitutional basis for the right to a clean and healthy environment in India?

   Article 21 (Right to Life) of the Constitution, as interpreted by the Supreme Court to include the right to a pollution-free environment (e.g., Subhash Kumar v. State of Bihar, 1991).

2. Which two Directive Principles and which Fundamental Duty deal with environmental protection in the Indian Constitution?

   Article 48A (DPSP - State to protect and improve the environment, forests and wildlife) and Article 51A(g) (Fundamental Duty of citizens to protect the natural environment).

3. What is the 'Polluter Pays Principle'?

   The principle that the party responsible for producing pollution must bear the cost of managing it and remedying environmental damage; recognized by the Supreme Court in Indian Council for Enviro-Legal Action v. Union of India (1996).

4. What is the 'Precautionary Principle' in environmental law?

   Where there are threats of serious or irreversible environmental damage, lack of full scientific certainty shall not be used as a reason to postpone preventive measures; the burden of proof lies on the developer/industrialist to show its action is benign.

5. What is the 'Public Trust Doctrine' as applied in Indian environmental law?

   The State holds natural resources like air, sea, water, and forests as a trustee for the public and is legally bound to protect them; affirmed in M.C. Mehta v. Kamal Nath (1997).

6. What is the principle of 'Sustainable Development'?

   Development that meets the needs of the present without compromising the ability of future generations to meet their own needs; balances ecology with economic development (Vellore Citizens Welfare Forum v. Union of India, 1996).

7. What is the doctrine of 'Absolute Liability' and which case established it?

   An enterprise engaged in a hazardous activity is absolutely (without exceptions) liable for harm resulting from it, with no defenses available; established in M.C. Mehta v. Union of India (1987) - the Oleum Gas Leak case.

8. How does Absolute Liability differ from the rule in Rylands v. Fletcher (Strict Liability)?

   Strict Liability permits exceptions (act of God, act of stranger, consent, statutory authority) whereas Absolute Liability allows NO exceptions; absolute liability also imposes liability proportionate to the enterprise's capacity to pay (deterrent damages).

9. What was the central holding in Vellore Citizens Welfare Forum v. Union of India (1996)?

   The Supreme Court declared the Precautionary Principle and Polluter Pays Principle as essential features of 'Sustainable Development' and part of Indian environmental law under Articles 21, 47, 48A and 51A(g).

10. What is the role of 'Public Interest Litigation (PIL)' in Indian environmental law?

    PIL relaxes locus standi, allowing any public-spirited person to approach the courts under Article 32 or 226 on behalf of those whose environmental rights are affected; it is the main procedural tool for environmental justice in India.

11. In which year was the National Green Tribunal Act enacted and when did the NGT come into existence?

    The National Green Tribunal Act was enacted in 2010 and the NGT was established on 18 October 2010.

12. What is the principal objective of the National Green Tribunal Act, 2010?

    Effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources, including enforcement of legal rights relating to the environment and giving relief/compensation for damages.

13. India was which country in the world to set up a specialized environmental court through the NGT Act?

    India became the third country in the world (after Australia and New Zealand) to set up a specialized environmental tribunal/court.

14. Who heads the National Green Tribunal and what is the qualification required?

    The Chairperson, who must be a sitting or retired Judge of the Supreme Court of India or Chief Justice of a High Court.

15. What are the two categories of members in the NGT besides the Chairperson?

    Judicial Members and Expert Members (persons with expertise in environmental/physical sciences or relevant administrative experience).

16. Within what time period is the NGT expected to dispose of applications or appeals?

    As far as possible within 6 months from the date of filing.

17. What is the limitation period for filing an application for compensation/relief before the NGT?

    Within 5 years from the date the cause of action for compensation first arose (extendable by 60 days for sufficient cause).

18. What is the limitation period for filing an appeal before the NGT against an order/decision?

    Within 30 days from the date of communication of the order (extendable by a further 60 days for sufficient cause).

19. Where is the Principal Bench of the NGT located, and what are its regional benches?

    The Principal Bench is in New Delhi; regional benches are in Bhopal (Central), Pune (West), Kolkata (East) and Chennai (South).

20. What principles is the NGT mandated to apply while passing orders under Section 20 of the NGT Act?

    The principles of Sustainable Development, the Precautionary Principle, and the Polluter Pays Principle.

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