Question
Download Solution PDFUnder which fundamental rights did the Supreme Court prioritize the right to development through industrialization, ruling that the contested Darkali forest was a man-made plantation, and didn't require clearance under the Forest (Conservation) Act, 1980.?
Answer (Detailed Solution Below)
Option 1 : Articles 14, 19, and 21
Detailed Solution
Download Solution PDFThe correct answer is Articles 14, 19, and 21.
In News
- Supreme Court prioritizes the right to development through industrialization under Articles 14, 19, and 21 of the Constitution.
Key Points
- The Supreme Court emphasized that the right to development through industrialization holds priority under Articles 14, 19, and 21 of the Constitution.
- The judgment also acknowledged that environmental protection is a fundamental right under Articles 14 and 21, and must strike a balance with industrialization.
- The Court dismissed the National Green Tribunal's decision to halt development at Auroville for lack of environmental clearance, arguing that industrial development also holds a fundamental right.
- The decision also clarified that the alleged Darkali forest was a man-made plantation, not requiring environmental clearance under the Forest (Conservation) Act, 1980.
Additional Information
- Articles 14, 19, and 21 of the Indian Constitution
- Article 14 ensures equality before the law, prohibiting discrimination.
- Article 19 guarantees protection of certain rights related to freedom of speech, assembly, and movement.
- Article 21 safeguards the right to life and personal liberty, including the right to a clean environment.
- National Green Tribunal (NGT)
- NGT is a specialized body for environmental matters, adjudicating issues related to environmental protection and conservation.
- Forest (Conservation) Act, 1980
- The Act regulates the diversion of forest land for non-forest purposes, ensuring protection against deforestation.