Legal Reasoning...

Passage - 5

In India the Food Safety and Standards Authority of India (FSSAI) is the apex food regulator. It is empowered by and functions under the Ministry of Health and Family Welfare, Government of India. The FSSAI implements and enforces food regulations as prescribed in the Food Safety and Standards Act, 2006 (FSS Act). The FSS Act is an Act of Parliament, popularly known as the Food Act. Previous to the FSS Act there were a number of food legislations. All these have been consolidated into a homogenous whole in the FSS Act. The regulations of the FSS Act became effective in 2011 with FSSAI as its regulatory body. Though the Act continues to evolve it needs to be further harmonized with standards of international agencies for global parity.
New Draft Regulations have been formulated by FSSAI. Of special interest is Section 22 of the FSS Act, which deals with "Nutraceuticals, Functional Foods, Novel Foods and Health Supplements."For the first time regulations have been proposed for this category of foods. If these products propound nutritional or medicinal benefits they need to have sound scientific evidence. The products must not contain either steroids or psychotropic drugs. Ingredients like vitamins and minerals must conform to the recommended dietary allowances for Indians, as proposed by the Indian Council of Medical Research.
Organic and Traditional foods also do not require product approval as they are being consumed for centuries in India. The ingredients and preparation methods are well known and this guarantees their safety. If, however, traditional and organic foods use any new ingredients or food additive or new technologies in preparation, they need product approval.
Foods Imported into India have to follow the FSS Act, Rules &Regulations If the food articles are standardized, the importer only needs a FSSAI license to import them. The importer also needs to comply with FSSAI regulations for sale and distribution of the food products.
The existing process of product approval for the food articles governed under Section 22 of the FSS Act has been discontinued as updated on August 26, 2015 by FSSAI in response to the ruling by Honorable Supreme Court of India. The regulations on such food products are expected soon and the product approval may be reintroduced through a regulation.
These are exciting times for food safety regulations in India. The recent proposals mentioned in the new Draft Regulations will soon be finalized to become the new Food Safety and Standards Regulations, 2015. They will provide new directives in areas such as nutraceuticals and health supplements, which is the need of the hour as these are becoming popular food categories. Standardization for thousands of foods is on the anvil. Food business operators are certainly anticipating some positive changes in food regulations, which could ease product approval process and food operations.
A harmonization of Indian food standards with global standards is a step in the right direction.

Q. Axon a food marketing corporate giant specialized in the traditional and organic products. It has captured 73% of the share in this sector across the globe. Recently in the Axon Lab a research breakthrough occurred by mixing traditional food with a newly discovered molecular formula. The new product has become a new attraction amongst the athletes due to its energy enhancement outcomes. According to the passage does Axon has to apply for an approval?

Passage - 5

In India the Food Safety and Standards Authority of India (FSSAI) is the apex food regulator. It is empowered by and functions under the Ministry of Health and Family Welfare, Government of India. The FSSAI implements and enforces food regulations as prescribed in the Food Safety and Standards Act, 2006 (FSS Act). The FSS Act is an Act of Parliament, popularly known as the Food Act. Previous to the FSS Act there were a number of food legislations. All these have been consolidated into a homogenous whole in the FSS Act. The regulations of the FSS Act became effective in 2011 with FSSAI as its regulatory body. Though the Act continues to evolve it needs to be further harmonized with standards of international agencies for global parity.
New Draft Regulations have been formulated by FSSAI. Of special interest is Section 22 of the FSS Act, which deals with "Nutraceuticals, Functional Foods, Novel Foods and Health Supplements."For the first time regulations have been proposed for this category of foods. If these products propound nutritional or medicinal benefits they need to have sound scientific evidence. The products must not contain either steroids or psychotropic drugs. Ingredients like vitamins and minerals must conform to the recommended dietary allowances for Indians, as proposed by the Indian Council of Medical Research.
Organic and Traditional foods also do not require product approval as they are being consumed for centuries in India. The ingredients and preparation methods are well known and this guarantees their safety. If, however, traditional and organic foods use any new ingredients or food additive or new technologies in preparation, they need product approval.
Foods Imported into India have to follow the FSS Act, Rules &Regulations If the food articles are standardized, the importer only needs a FSSAI license to import them. The importer also needs to comply with FSSAI regulations for sale and distribution of the food products.
The existing process of product approval for the food articles governed under Section 22 of the FSS Act has been discontinued as updated on August 26, 2015 by FSSAI in response to the ruling by Honorable Supreme Court of India. The regulations on such food products are expected soon and the product approval may be reintroduced through a regulation.
These are exciting times for food safety regulations in India. The recent proposals mentioned in the new Draft Regulations will soon be finalized to become the new Food Safety and Standards Regulations, 2015. They will provide new directives in areas such as nutraceuticals and health supplements, which is the need of the hour as these are becoming popular food categories. Standardization for thousands of foods is on the anvil. Food business operators are certainly anticipating some positive changes in food regulations, which could ease product approval process and food operations.
A harmonization of Indian food standards with global standards is a step in the right direction.

Q. How the de-operationalised Section 22 of the FSS Act by the Honorable Supreme Court of India be revived?

Passage - 6

It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal
with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.
Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1 )(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.

Q. Every person is entitled to freedom of conscience and the right to freely profess, practice and propagate any religion. Activities that are not an essential part of religion can be reasonably restricted. In a recent study conducted by the Ministry of Health, it was found that air pollution level rises by 450% on the day immediately after Diwali causing increased risk of lung cancer and respiratory disorders. Government of Delhi decided to issue a ban on use of crackers on Diwali eve after 8 pm to cut down pollution level. An NGO named United India challenged this ban as violation of fundamental right to freely practice religion. Decide.

Passage - 6

It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal
with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.
Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1 )(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.

Q. No person of any age shall be deprived of his life or personal liberty except according to procedure established by law. Right to life includes right to clean environment. Delhi is world 's highest polluted city. Delhi government 's new fleet of diesel buses exacerbated the situation. Prachi, aged 16 years, an aspirant appearing for CLAT filed a writ petition against Delhi government for violation of her fundamental right to life. Decide.

Passage - 6

It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal
with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.
Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1 )(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.

Q. No person shall be deprived of life or personal liberty, except in accordance with procedure established by law. Procedure established by law includes only such statutes and law which may be enacted by the state only. Right to life includes the right to a wholesome environment. The Health Ministry decided to impose a ban on smoking in public places, especially since it was reported that a large number of youngsters were taking up this habit. The Free Living Association protested against the move of the Government on the ground that this was an infringement on the right to life and personal liberty of individuals. Can their challenge be accepted?

Passage - 6

It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal
with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.
Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1 )(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.

Q. The right to life and liberty includes the right to a clean and free environment. The 'polluter pays principle 'states that whoever is responsible for damage to the environment should bear the costs associated with it. Carbonator was a multi-national corporation that had set up one of its factories in Surat. They released voluminous effluents into the river that flowed near the factory without employing any methods to filter them. P.C.Gupta was a conscientious citizen who filed a PIL against them asking them to employ some filtration methods so that the river would not be polluted to such a great extent. The corporation opted instead for the 'polluter pays 'way of compensation. The petitioner challenged their option in Court asking for a motion to compel the corporation to adopt the filtration method instead. Can he do so?

Passage - 6

It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal
with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.
Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1 )(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.

Q. Whoever causes an unreasonable interference with someone 's use or enjoyment of land thereby causing damage is said to have committed the tort of nuisance. Mr. Raman owns a building where he rents out rooms to tenants. Mr. Raman 's building lies adjacent to a cotton mill. The noise and smoke emanating from the mill is proving problematic for Mr. Raman as his tenants keep steadily vacating the apartments in the building. It is also becoming increasingly difficult for him to find new tenants who are willing to reside next to such a noisy cotton mill. Aggrieved by his dwindling profits, Mr. Raman has filed a case against the mill owners for nuisance. Decide.

Passage - 6

It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal
with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.
Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1 )(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.

Q. Every citizen of India has a fundamental right to carry on any trade or business or profession of his choice subject to the imposition of reasonable restrictions by the State. The government of Rajasthan concerned with the high rise of pollution in the city of Jaipur banned all those four wheeler vehicles in the city that do not conform to pollution norms laid down by the Ministry of Environment. Rathore Motor Corp., a distributor of four wheeler cars in Jaipur, challenged this ban as violative of its fundamental right to trade and profession. Is the state action valid? Decide.

Passage - 6

It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal
with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.
Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1 )(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.

Q. Astronauts have left behind spanners, cameras and plastic bags full of excrement in space. Russian nuclear- powered spy craft, 'parked 'at high orbits, has begun to leak irradiated fuel. The cost for armourplating the International Space Station, against manmade garbage which is travelling faster than any bullet, has added at least five billion dollars to its bill. Not content with contaminating the Earth, the military-industrial combine now seems to be hellbent on polluting the space too, with the result that we may ultimately create a Jupiter-like artificial ring, made of trash, around our planet. Each of the following, if true, weakens the inference presented above EXCEPT:

Passage - 6

It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal
with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.
Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1 )(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.

Q. Greenhouse gas emissions are considered a form of pollution because they cause potential harm and damage through impacts on the climate. However, in this case, because society has been slow to recognise the link between greenhouse gases and climate change, and because the atmosphere is considered by some to be a 'global commons '(that everyone shares and has a right to use), emitters are generally not held responsible for controlling this form of pollution. Which of the following statements best summarises the inference above?