AM

ADITYA MATHORAIR 98· 2029

Question 14GS2GS2

How far do you agree with the view that the National Green Tribunal (NGT) has met its objective of ensuring environmental justice in India? (Answer in 250 words)

Open scan (p.35)

Main Body

National Green Tribunal is a statutory body under NGT Act, 2010 to expediently decide environmental cases in India.

India is third nation after Australia & New Zealand to constitute NGT.

NGT: Consist of President (retired sc judge) and judicial & technical member

NGT have met its Objective

1Specialized Quasi-Judicial Body with judicial & technical member to decide cases. Eg Uldoor Biodiversity Act/2001
2Speedy Justice: as it is not clogged like judiciary. Eg 5,04 core cases pending in judiciary (NDSJ)
3Flexibility: in procedure as all band by natural justice & not Civil Procedure Code (India
4Success in May Cases: like Meghalya taat tele mining case, Udaypur stone quarry case & provided justice
5Interim Relief: granted to protect right of affected people.
6Penalties: on govt&privat body for violating environmental laws. Eg on DDA for cutting Ridge tree

Not Met the Objectives

1Rampant Delays: in deciding matter causing injure & environmental harm
2Non Compliance: with order of NGT by public body due to bureaucratic apathy. Eg Aravali Sand mining case
3Poor Enforcement Mechanism: due to lack of independent in enforcement arm& relevant police & environment body
4Nexus: of polluting indusries & corrupt officials undermine authority of NGT
5Vacancies: due to pay consultation mechanism of executive & judiciary.
fill all vacancies expediently
Prioritize enforcement of NGT orders (Katueperson Report)
Impose penalte to ensure deterence
Promote clean environment. Eg Glen Bodygen
Provide expeditius relief

Right to clean enviorment is a fundemental right & NGT must be referred to resolve the right to all people (MC Menta Case)

3Poor Enforcement Mechanism: due to lack of independent in enforcement arm& relevant police & environment body
4Nexus: of polluting indusries & corrupt officials undermine authority of NGT
5Vacancies: due to pay consultation mechanism of executive & judiciary.

Way Forward

fill all vacancies expediently
Priority enforcement of NGT orders (Katueperson Report)
Impose penalte to ensure deterence
Promote clean environment. Eg Glen Bodygen
Provide expeditius relief

Right to clean enviorment is a fundemental right & NGT must be referred to resolve the right to all people (MC Menta Case)

364 words9 paragraphs11 bullet points
  • Balanced analysis showing both achievements and failures
  • Multiple case examples
  • Reference to pending cases data
  • Identifies practical challenges
  • Provides recommendations for improvement
  • Cites relevant case law
  • Clear recommendations for way forward
  • Cites jurisprudence on environmental rights

Topper

ADITYA MATHOR

AIR 982029

Subject & Paper

GS2GS2

Topic

Statutory, Regulatory and various Quasi-judicial Bodies

Quasi-judicial Bodies

National Green Tribunal - Role and Effectiveness

Writing Stats

364

Total words

9

Paragraphs

11

Bullets

analytical and balanced

Tone

Linked PYQ

The Chairman of Bharat Missiles Ltd (BML) was watching a program on TV wherein the Prime Minister was addressing the nation on the necessity of developing a self-reliant India. He subconsciously nodded in agreement and smiled to himself as he mentally reviewed BML’s journey in the past two decades. BML had admirably progressed from producing first generation anti-tank guided missiles (ATGMS) to designing and producing state of the art ATGM weapon systems that would be the envy of any army. He sighed in reconciliation with his assumptions that the government would probably not alter the status quo of a ban on export of military weaponry. To his surprise, the very next day he got a telephone call from the Director General, Ministry of Defence, asking him to discuss the modalities of increasing BML production of ATGMS as there is a possibility of exporting the same to a friendly foreign country. The Director General wanted the Chairman to discuss the details with his staff at Delhi next week. Two days later, at a press conference, the Defence Minister stated that he aims to double the current weapons export levels within five years. This would give an impetus to financing the development and manufacture of indigenous weapons in the country. He also stated that all indigenous arms manufacturing nations have a very good record of international arms trade. As Chairman of BML, what are your views on the following points? As an arms exporter of a responsible nation like India, what are the ethical issues involved arms trade? List five ethical factors that would influence the decision to sell arms to foreign governments.

20M2020List