UPSC Prelims 2012 · Question 4 of 98

UPSC Prelims 2012 question on National Green Tribunal Act

The National Green Tribunal Act, 2010 was enacted in consonance with which provisions of the Constitution of India?

1. Right to healthy environment as part of Right to life under Article 21.

2. Provision of grants for raising the level of administration in Scheduled Areas under Article 275(1).

Select the correct answer using the codes given below.

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2
Show answer

Answer: A. 1 only

Verdict

Correct Answer: 1 only

Analysis

The National Green Tribunal was established for effective and speedy disposal of cases related to environmental protection, conservation of forests and natural resources.

Statement by statement

1. Right to Life under Article 21 — Correct

The NGT Act is linked to Article 21 of the Constitution.

The Supreme Court has interpreted the Right to Life to include the right to a clean and healthy environment. NGT provides a specialized forum to protect this environmental dimension of Article 21.

2. Grants for Scheduled Areas under Article 275(1) — Incorrect

Article 275(1) deals with grants from the Union to states, including grants for the welfare of Scheduled Tribes and administration of Scheduled Areas.

The NGT Act was not enacted to fulfil the financial or administrative purpose of Article 275(1).

Extra UPSC info

* NGT was established under the National Green Tribunal Act, 2010.

* It was inspired by the Rio Summit, 1992, which emphasized access to judicial and administrative remedies in environmental matters.

* India became one of the early countries to create a specialized environmental tribunal.

* NGT applies the principles of sustainable development, precautionary principle and polluter pays principle.

* NGT has jurisdiction over civil cases under specific environmental laws such as the Water Act, Air Act, Environment Protection Act and Forest Conservation Act.

* Wildlife Protection Act, 1972 and Forest Rights Act, 2006 are not covered under NGT’s jurisdiction.

How to crack it

Statement 1 is correct because NGT protects the right to a healthy environment under Article 21, while Article 275(1) is related to grants for Scheduled Areas and not the purpose of the NGT Act.

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