UPSC IAS - 2012
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 section 275 (1) (3). Powers and functions of Gram Sabha as mentioned under Article 243 (A.) Select the correct answer using the codes given below:
Year Asked: 2012
Correct Answer
A. 1 only
Detailed Explanation
The answer is A. The NGT Act, 2010 was enacted to give speedy environmental justice, and its Statement of Objects and Reasons ties it to the constitutional scheme on environment: Article 21 (right to life, which the Supreme Court has read to include a healthy environment), Article 48A (Directive Principle on protecting and improving the environment) and Article 51A(g) (fundamental duty to protect the natural environment). So statement 1 is correct.
Statement 2 is wrong. Article 275(1) deals with grants from the Consolidated Fund of India to States for the welfare of Scheduled Tribes and for raising the level of administration in Scheduled Areas. It has no link to environmental tribunals.
Statement 3 is wrong. Article 243A deals with the Gram Sabha in Panchayats and the powers the state legislature may confer on it. The NGT Act has no bearing on it.
Concept: the NGT is a specialised tribunal whose constitutional anchor is Article 21, read with the environmental Directive Principle and Fundamental Duty. For Mains, the useful question is whether specialised green tribunals actually deliver faster justice than ordinary courts, and how their jurisdiction is limited to the enactments listed in Schedule I.
Trap: candidates pick D because all three articles sound like welfare or local governance provisions. Only statement 1 links to the NGT Act.
This question appeared in UPSC Prelims 2012 GS Paper-1.
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