What circumstances led to the formation of the National Green Tribunal? Evaluate if it has met its avowed objectives in more than a decade of its existence.
Main Body
Underpinnings of the NGT over a decade: (1) Entertained cases of valuation Civil under S. Water Act, Arnat, Environment Protection Act. (2) Order to CPCB on action on clarification. (3) For Strictly Prescribed Fines / Penalties on violations statute paragraph. (4) Direction to NGT filing on polluting gamma ball. (5) Enforced, i.e., many power to super environmental law. Upheid by SC in AuKiTA Kitta Case (2024) (6) It has upheld principle of Absolute Liability on violations => equitable justice.
Conclusion
Limitations in working: (1) Laws under Wildlife Protection Act & Forest Rights unable it ambit. (2) Judicial overreach alleged indicating with issues. (3) Lack of unmanpower & studying has, also limited its working => reduce accessibility. (4) Decisions challenged in the SC => judicial burden. Solution: Intercage the laws, ambit like forest rights. Increase capacity building+ inflow of regional tribunal officers. NGT is green guardian & true justice like, delivered, when empowered.
72 words
SAPNA CHANDEL
Separation of Powers and Dispute Redressal Mechanisms
Dispute Redressal Mechanisms
Tribunals
151
Total words
1
Paragraphs
analytical and evaluative
Tone