AO

Aakash Om TrivediAIR 73· 2929

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.32)

Main Body

NGT was established based on NGT act to ensure environmental protection, justice. Provide for compensation, principles of Natural Justice. Action against odie in Scio 60 Days: Art sen as EPA[1986], WBD 2001 water act. NGT met it objective of environmental Justice: (1) Use of Polluter pay for punishment to industry causing harm: Yamuna polluting industry by NGT. (2) Compensation to people harm due to misuse and environmental damage: Gas leak compensation. (3) Suo moto action for protection of environment based precautionary approach: Taj mahal so2 emission monitoring. (4) Decide judicial delay in environment case by dispot case in time limit. (5) Use of principle of natural Justice to adopt principle of absolute liability in decision compensation (SC suggest in MC Mentha case). (6) Policies input to government to strengthen law: National Biodiversity Act amendment assistance to ensure compliance with Nagoya Protocol. Limitation in meeting objective: (1) Forest Right Act, Indian Forest Act, Wild life protection Act not jurisdiction: Act ensure it compliance.

2Appointment delay vacate [illegible]. (3) Pending cases and not adherence to time-limit for finishing. (4) Misuse of principle Natural Justice for arbitrary order without objective evidence: Supreme Court highlighted. (5) Capacity constraint: [illegible] human resource. Way-Ahead: (1) Expansion in NGT jurisdiction by amendment in NGT act to add all environmental act. (2) State Capacity building Fund support streamline appointment. Supreme Court recommendation at National Tribunal Committee will ensure NGT effective working.
2Appointment delay create vacancy. (3) Pending cases and not adherence to time-limit for finishing. (4) Misuse of principle Natural Justice for arbitrary order without objective evidence: Supreme Court highlighted. (5) Capacity constraint: [illegible] human resource. Way-Ahead: (1) Expansion in NGT jurisdiction by amendment in NGT act to add all environmental act. (2) State Capacity building Fund support streamline appointment. Supreme Court recommendation at National Tribunal Committee will ensure NGT effective working.
306 words1 paragraphs

Topper

Aakash Om Trivedi

AIR 732929

Subject & Paper

GS2GS2

Topic

Statutory, Regulatory and Quasi-judicial Bodies

Quasi-judicial Bodies

National Green Tribunal

Writing Stats

306

Total words

1

Paragraphs

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