GS2 · 15 marks · 250 words

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

Answered by 6 toppers · CSE 2024

Syllabus: Statutory, regulatory and various quasi-judicial bodies.

How toppers approached it

From all 6 answers · about 230 words · 67% drew a diagram.

Opening

  • A definition50%
  • A constitutional or legal provision33%
  • No separate opening17%

Body

  • Points and prose67%
  • Points33%

Close

  • A way forward83%
  • A summary17%

The toppers’ answers

Sanskriti TrivedyAIR 17 · CSE 2024 · 263 wordsTheir whole copy

Opening · a definition

NGT is a statutory body under NGT Act 2010 that gives an alternative route to environmentel laws to ensure true right to clean environment as per article 21.

Body · points

NGT - successful in environmental justice

  1. Its alternative justice approach has made courts accessible.
  2. Taken suo motu cases against issues (e.g. Delhi's coal fired plants pollution).
  3. As it is a tribunal - also has experts to have meaningful judgements.
  4. As it is driven by Principles of Natural Justice and not strict provisions as per CrPc, IPC, more approachable.
  5. Faster resolution of disputes also gives relief to courts that have huge pendency (4.9 cr cases CPCB).
  6. Appeals have been allowed thus respite exists.

But NGT - has shortcomings:

  1. Appeals only in Supreme Court within 90 days - thus burden on Supreme court and also lesser time to file appeals.
  2. Certain laws are exempted like WPA 1972, BDA 2002 - thus limited number of cases.
  3. Criticised as being limited to urban elite cases and misses touch from grassroots (e.g. tribal rights due to mining).
  4. NGT can give only rulings and kan't ensure that its rulings are implemented have to depend on law mechinery.

In this situation solution:

  1. NGT to research and collaborate more with experts and indigenous communities.
  2. The appeal period should be expaded.
  3. Grassrot movements have to form a voice.

Close · a way forward

As per Ranjit Singh case (2024), clean environment is a basic fundemtal rights. As our environmetal movements gets consciomness - need for NGT to act as a bulwark of justice.

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