Under 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.?

  1. Articles 14, 19, and 21
  2. Articles 15, 16, and 21
  3. Articles 14, 15, and 19
  4. Articles 16, 17, and 21

Answer (Detailed Solution Below)

Option 1 : Articles 14, 19, and 21

Detailed Solution

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The 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.
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