GS2 2015 Q7 12 marks 200 words Right to Environment

UPSC Mains 2015 GS2 Q7 — Right to Environment

Does the right to clean environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and Judgement(s) of the Apex Court in this regard. (Answer in 200 words)

Question Decoded — examiner's intent

Directive verbs
Discuss
Scope keywords
right to clean environmentlegal regulations on burning crackersDiwaliArticle 21 of the Indian ConstitutionJudgement(s) of the Apex Court
Implicit sub-parts
  • Does Article 21's Right to Life encompass a healthy environment as per judicial interpretation?
  • How does the court balance the 'Right to Religion' (Article 25) vs the 'Right to Life' (Article 21) in the context of Diwali?
  • What specific judicial guidelines or bans (e.g., green crackers) currently exist to regulate firecrackers?
  • What are the legal enforcement challenges and the impact of the 'Precautionary Principle' on this issue?
Common pitfalls
  • Writing a general essay on air pollution without citing specific Supreme Court cases like Arjun Gopal vs Union of India.
  • Focusing too much on the religious/sentimental aspect of Diwali instead of the constitutional conflict between Article 21 and Article 25.
  • Failing to mention the distinction between complete bans vs. regulations like 'green crackers' and specific time windows.
  • Neglecting the 'Intergenerational Equity' principle which the Court often uses to justify environmental regulations.
Dimensions required
Constitutional LawEnvironmental JurisprudencePublic HealthSocio-Religious context
Marks allocation hint

Dedicate 40 words to the evolution of Article 21 to include a clean environment. Use 100 words to discuss specific Supreme Court rulings and the balancing of fundamental rights. Reserve the final 60 words for current legal regulations (green crackers, time slots) and a conclusion on the synthesis of health and tradition.

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