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)

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.

— Aakash Om Trivedi · AIR 73

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Aakash Om Trivedi

AIR 73

Subject & Paper

GS2GS2

Topic

Statutory, Regulatory and Quasi-judicial Bodies

Quasi-judicial Bodies

National Green Tribunal

Writing Stats

306

Total words

Paragraphs

Linked PYQ

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