All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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100.

Certain tribal forest dwellers were ousted from their forest land by a government agency in order to implement a power project. This ouster was challenged before a court. In light of the principle provided below, what is the court likely to do ?


Principle :

The right to life includes the right to livelihood. This right has been used to check governmental action with an environmental impact that threatens to dislocate poor people and disrupt their lifestyle.

A: The court will most likely unconditionally uphold the ouster.
B: The court will most likely direct the closure of the power plant and the return of the forestland to the tribal forest dwellers.
C: The court will most likely permit the acquisition of the land only after the government agency agrees to provide certain court-approved facilities to the forest dwellers.
D: The court will most likely permit the acquisition of the land; it may not request the government agency to provide certain court-approved facilities to the forest dwellers.
E: The court will most likely direct the closure of the power plant and direct government agency to provide certain court-approved facilities to the forest dwellers.

The answer is: C

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Explanation

The correct option is C: The court will most likely permit the acquisition of the land only after the government agency agrees to provide certain court-approved facilities to the forest dwellers.

Explanation:

According to the principle, the right to life includes the right to livelihood, which means that the government cannot deprive people of their means of living without due process of law. This right has been used to protect poor people who depend on the environment for their survival from being displaced by development projects that harm the environment. Therefore, the court is likely to balance the interests of both the tribal forest dwellers and the power project, and ensure that the former are not left without adequate compensation and rehabilitation. Option C reflects this balance, as it allows the acquisition of the land only after the government agency agrees to provide certain facilities to the forest dwellers that would mitigate the impact of their ouster. Option B is too extreme, as it would ignore the public interest in the power project and order its closure. Option D is too lenient, as it would disregard the rights of the forest dwellers and permit the acquisition without any conditions. Option A is incorrect, as it would imply that the court would not even consider the principle and uphold the ouster without any scrutiny. Option E is illogical, as it would order both the closure of the power plant and the provision of facilities to the forest dwellers, which would be redundant and wasteful.