AIBE XVIII — December 2023 — Q.96 (Environment (Protection) Act, 1986)

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Q.96

Environmental Law Medium Knowledge-Based

Bare Act Environment (Protection) Act, 1986 · Vellore Citizens' case / Precautionary Principle

In which case did the Supreme Court explain the Precautionary Principle in detail?

✓ Vellore Citizens' Welfare Forum v. Union of India Answer

B A.P. Pollution Control Board v. M.V. Nayudu

C Indian Council for Enviro-Legal Action v. Union of India

D M.C. Mehta v. Kamal Nath

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Explanation & Strategy

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In Vellore Citizens' Welfare Forum v. Union of India (1996), the SC elaborated on the Precautionary Principle — when there is scientific uncertainty about environmental damage, the burden of proof shifts to the developer to show the activity is safe. The court also applied the Polluter Pays Principle.

At a Glance

Subject Environmental Law

Difficulty Medium

Act Environment (Protection) Act, 1986

Section Vellore Citizens' case / Precautionary Principle

Answer (A) Knowledge-Based

Paper AIBE XVIII — December 2023

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