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)
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