All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

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24.

Protection of environment is a :

A: Constitutional Duty
B: Directive Principal
C: Fundamental Duty
D: Both (B) & (C)

The answer is: D

Explanation

The correct option is D: Both (B) & (C). This means that the protection of environment is both a directive principle and a fundamental duty under the Indian Constitution. I will explain all the options below:

A: Constitutional Duty. This is not a correct option, because there is no such term as constitutional duty in the Indian Constitution. However, there are constitutional provisions that impose duties on the state and the citizens to protect the environment, such as Article 48-A and Article 51-A (g).

B: Directive Principle. This is a correct option, because Article 48-A of the Constitution states that "The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country." This is one of the directive principles of state policy, which are guidelines for the state to follow in making laws and policies for the welfare of the people. However, they are not legally enforceable by the courts.

C: Fundamental Duty. This is also a correct option, because Article 51-A (g) of the Constitution states that "It shall be duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures." This is one of the fundamental duties of the citizens, which are moral obligations that are expected to be followed by every citizen in order to promote harmony and spirit of common brotherhood. However, they are also not legally enforceable by the courts.

D: Both (B) & (C). This is the correct option, because it combines both the directive principle and the fundamental duty related to environmental protection. These two provisions reflect the constitutional commitment of India to protect and improve its environment for the present and future generations. They also provide a basis for judicial activism and public interest litigation in environmental matters.