UPSC Prelims 2012 Q4: Environment & Ecology – Environmental Governance & Legislation
The National Green Tribunal Act, 2010 was enacted in consonance with which of the following
provisions of the Constitution of India?
1. Right to healthy environment, construed as a part of Right to life under Article 21
2. Provision of grants for raising the level of administration in the Scheduled Areas for the
welfare of Scheduled Tribes under Article 275(1)
3. Powers and functions of Gram Sabha as mentioned under Article 243(A)
Select the correct answer using the codes given below:
- (a) 1 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (a) 1 only
Explanation
Constitutional basis of the National Green Tribunal Act, 2010
The Act's own preamble links it to the right to a healthy environment as part of the right to life under Article 21.
| Provision | Basis of the Act? |
|---|---|
| 1. Right to healthy environment as part of Right to life under Article 21 | Yes |
| 2. Grants for administration of Scheduled Areas under Article 275(1) | No |
| 3. Powers and functions of Gram Sabha under Article 243(A) | No |
About the National Green Tribunal:
| Feature | Detail |
|---|---|
| Set up | October 2010 |
| Principal Bench | New Delhi; zonal benches at Bhopal, Pune, Kolkata, Chennai |
| Time limit | Cases to be decided within six months |
| Procedure | Guided by natural justice; not bound by the Civil Procedure Code |
| Appeal | To the Supreme Court |
India was the third country, after Australia and New Zealand, to set up such a tribunal.
Answer: (a) 1 only.
Why each option is right or wrong
- (a) CORRECT. The Act rests on the right to a healthy environment under Article 21.
- (b) Incorrect. Articles 275(1) and 243(A) have no link with the Act.
- (c) Incorrect. Article 243(A) on the Gram Sabha is not its basis.
- (d) Incorrect. Only statement 1 is a basis of the Act.
Key point
National Green Tribunal Act, 2010: rooted in Article 21 (right to a healthy environment); principal bench New Delhi; six-month disposal; appeal to the Supreme Court.
Remember
NGT = Article 21, healthy environment.
Common mistakes
- Adding unrelated Articles because they sound relevant to forests and tribes.
- Forgetting that the tribunal follows natural justice, not the Civil Procedure Code.
- Thinking appeals go to the High Court.
Exam tip
Environment cases stand on Article 21. Other Articles in the list are fillers.
Sources
- National Green Tribunal Act, 2010 — Preamble
- National Green Tribunal — About us