JAGTIV · Previous Year Questions

UPSC

ENVIRONMENT · 2012

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Previous Year Question

The National Green Tribunal Act, 2010 was enacted in consonance with which of the following provisions of the Constitution of India?

  1. Right to Healthy Environment, construed as a part of Right to Life under Article 21.

  2. Provision of grants for raising the level of administration in the Scheduled Areas for the welfare of Scheduled Tribes under Article 275(1).

  3. Powers and functions of Gram Sabha as mentioned under Article 243(A).

Select the correct answer using the codes given below.

A.

Only 1

B.

2 and 3

C.

1 and 3

D.

1, 2 and 3

Correct Answer: A

Detailed Solution

  • The National Green Tribunal Act, 2010 was enacted for the effective and expeditious disposal of environmental cases.

  • The National Green Tribunal was established under this Act on 18 October 2010.

  • The Supreme Court has interpreted the Right to Life under Article 21 of the Constitution to include the right to a clean and healthy environment.

  • The National Green Tribunal Act is in consonance with this judicially recognized right to a healthy environment. Therefore, Statement 1 is correct.

  • Article 48A of the Constitution directs the State to protect and improve the environment and safeguard forests and wildlife.

  • Article 51A(g) prescribes the fundamental duty of every citizen to protect and improve the natural environment.

  • The NGT hears substantial environmental questions relating to environmental protection, conservation of forests and natural resources.

  • It may grant relief and compensation to persons affected by environmental damage and order the restoration of the damaged environment.

  • Under Section 20 of the Act, the Tribunal applies the principles of sustainable development, precaution and polluter pays.

  • The Tribunal consists of judicial members as well as expert members possessing environmental and technical expertise.

  • Its Principal Bench is in New Delhi, with zonal benches in Bhopal, Pune, Kolkata and Chennai.

  • Article 275(1) concerns Union grants to States for the welfare of Scheduled Tribes and the administration of Scheduled Areas; it has no direct connection with the NGT Act. Therefore, Statement 2 is not correct.

  • Article 243A concerns the powers and functions of the Gram Sabha; it is not the constitutional basis of the NGT Act. Therefore, Statement 3 is not correct.

  • An appeal against a decision or order of the NGT may be filed before the Supreme Court within the prescribed period.

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