JAGTIV · Previous Year Questions

UPSC

POLITY · 2018

Previous Year Question

How is the National Green Tribunal (NGT) different from the Central Pollution Control Board (CPCB)?

  1. The NGT has been established by an Act, whereas the CPCB has been created by an executive order of the Government.

  2. The NGT provides environmental justice and helps reduce the burden of litigation in the High Courts, whereas the CPCB promotes the cleanliness of streams and wells and aims to improve the quality of air in the country.

Which of the statements given above is/are correct?

A.

Only 1

B.

Only 2

C.

Both 1 and 2

D.

Neither 1 nor 2

Correct Answer: B

Detailed Solution

Statement 1 is incorrect. Both the National Green Tribunal and the Central Pollution Control Board are statutory bodies.

The National Green Tribunal was established under the National Green Tribunal Act, 2010. It commenced functioning on 18 October 2010. The first part of the statement concerning the NGT is therefore correct.

However, the CPCB was not created through an executive order. It was constituted in September 1974 under Section 3 of the Water (Prevention and Control of Pollution) Act, 1974. It was subsequently entrusted with powers and functions under the Air (Prevention and Control of Pollution) Act, 1981. Statement 1 is therefore incorrect as a whole.

Statement 2 is correct. The NGT is a specialised environmental adjudicatory tribunal. It hears civil cases involving a substantial question relating to the environment that arises under the enactments specified in Schedule I of the NGT Act.

The NGT may award relief and compensation to affected persons and order restitution of damaged property and the environment. While deciding cases, it applies the principles of sustainable development, precaution and polluter pays. By providing a specialised forum for environmental disputes, it helps reduce the litigation burden of the High Courts.

In contrast, the CPCB is principally a regulatory, coordinating and technical body concerned with pollution control. Its functions include advising the Union Government, coordinating the activities of State Pollution Control Boards, monitoring water and air quality, developing pollution standards and preparing programmes for preventing and controlling pollution.

Thus, the NGT principally adjudicates environmental disputes, whereas the CPCB is primarily responsible for pollution prevention, control, monitoring and technical regulation. Therefore, only Statement 2 is correct.

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