AM

Aditya MathurAIR 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)

Introduction

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.

30 words

Main Body

NGT: Consist of President (retired sc judge) and judicial & technical member. NGT has met its Objective: (1) Specialized Quasi-Judicial Body with judicial & technical member to decide cases. Eg: Udove Biodiversity Act & Udayme stone quarry case & provided justice. (2) Speed Justice: as it is not clogged like ordinary judiciary. Eg: 5.04 crore cases pending in ordinary judiciary. (3) Flexibility: in procedure as all band by natural justice & not Civil Procedure Code (rigid). (4) Success in May Cases: like Meghalya fast tile mining case, Udayme stone quarry case & provided justice. (5) Interim Relief: Granted to protect rights of affected people. (6) Penalties: on aul & private bodies for violating environmental laws. Eg: on DDA for cutting Ridge tree.

Not Met the Objectives: (1) Rampant Delays: in deciding matters causing injury & environmental harm. (2) Non-Compliance: with orders of NGT by public bodies due to bureaucratic opacity. Eg: Aravalli Sand mining case. (3) Poor Enforcement Mechanism: due to lack of independent in enforcement arm & reliant on police & environment bodies. (4) Necess: of policing induces & corrupt officials undermine authority & NGT. (5) Vacancies: due to pay consultation mechanism & executive & judiciary. Way Forward: Fill all vacancies expediently. Privity enforcement of NGT orders (Katerunerson report). Amend clear envisonment Eg: Glen hydrogen. Provide expeditious relief. Right to clean envionment is a fundamental right & NGT must be referred to realize this right to all people (MC Manta Case)

242 words1 paragraphs

Conclusion

Right to clean envionment is a fundamental right & NGT must be referred to realize this right to all people (MC Manta Case)

23 words

Examiner score
1.2/10

Open original scan

Page 35

Topper

Aditya Mathur

AIR 982029

Subject & Paper

GS2GS2

Topic

Statutory, Regulatory and Quasi-judicial Bodies

Quasi-judicial Bodies

National Green Tribunal

Writing Stats

295

Total words

1

Paragraphs

analytical

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