Question
Download Solution PDFWhich among the following is an example of laws passed by the Parliament after States made a request to the Parliament to legislate on a matter in the State List?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Wild Life (Protection) Act, 1972.
Key Points
- The Wild Life (Protection) Act, 1972 was passed by Parliament following a request from multiple States to legislate on a matter under the State List.
- Wildlife protection is primarily a State subject, but States sought uniform legislation for effective conservation measures.
- This request was made under Article 252 of the Indian Constitution, allowing Parliament to legislate on State List matters if two or more States consent.
- The Act provides a framework for the protection of wild animals, birds, and plants and ensures ecological and environmental security in India.
- It established statutory bodies such as the National Board for Wildlife and the State Boards for Wildlife to oversee conservation efforts.
Additional Information
- Article 252 of the Indian Constitution:
- Allows Parliament to legislate on matters in the State List if two or more States pass a resolution requesting it.
- Such legislation applies only to consenting States but can be adopted by other States later.
- Scope of the Wild Life (Protection) Act, 1972:
- It prohibits hunting of wild animals and birds specified in Schedules I to IV of the Act.
- It regulates the establishment of protected areas such as National Parks and Wildlife Sanctuaries.
- It controls the trade and commerce of wildlife and wildlife products.
- Amendments to the Act:
- The Act has been amended several times, with significant updates in 2002 and 2006 to strengthen conservation mechanisms.
- The 2006 amendment introduced the National Tiger Conservation Authority and the Project Elephant.
- Constitutional Provisions for Wildlife Conservation:
- Article 48A: Directs the State to protect and improve the environment and safeguard forests and wildlife.
- Article 51A(g): Enjoins every citizen to protect and improve the natural environment, including forests, lakes, rivers, and wildlife.
- Other Related Legislation:
- The Forest (Conservation) Act, 1980, complements the Wild Life (Protection) Act by regulating the diversion of forest land for non-forest purposes.
- The Environment (Protection) Act, 1986, provides a comprehensive framework for the protection and improvement of the environment, including wildlife habitats.
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