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:
Contents16
- A1 only
- B2 and 3 only
- C1 and 3 only
- D1, 2 and 3
Show answer
Answer: (A) 1 only
The NGT Act, 2010 is rooted in Article 21 — the Supreme Court has interpreted 'Right to Life' to include the right to a healthy environment (statement 1 correct).
Article 275(1) deals with grants for Scheduled Areas/Tribes — it has nothing to do with the NGT.
Article 243(A) deals with Gram Sabha powers under Panchayati Raj — also unrelated to the NGT.
The NGT was set up specifically for environmental disputes, not tribal administration or local governance.
Answer: 1 only.
The Supreme Court has interpreted Article 21's 'Right to Life' to include the right to a clean and healthy environment, which became the constitutional basis for creating the National Green Tribunal.
The NGT Act 2010 established India's first specialized environmental court with powers to hear cases on air, water, forest and environmental clearance disputes.
The question tests whether students can distinguish between environmental law provisions and unrelated constitutional articles about tribal administration and panchayati raj.
National Green Tribunal (NGT)
Environment National Green Tribunal Act, 2010
National Green Tribunal: Powers, Jurisdiction & Constitutional Basis
NGT Act 2010 established specialized courts for environmental disputes based on Article 21
Fast-track disposal of environmental cases within 6 months
Principal bench in New Delhi, 4 regional benches across India
Follows principles of natural justice and not bound by CrPC/CPC procedures
Constitutional Foundation
The NGT Act 2010 was enacted under Article 21 after Supreme Court judgments established that the Right to Life includes the right to a healthy environment. This specialized tribunal handles environmental disputes that regular courts found difficult to resolve due to technical complexity.
NGT Structure & Composition
Component | Details | Qualification |
|---|---|---|
Chairperson | Supreme Court/High Court Judge | Judicial member |
Judicial Members | High Court Judges | Legal expertise |
Expert Members | Administrative experience | 20+ years in environment/science |
Tenure | 5 years or age 65/62 | Fixed term |
Powers & Jurisdiction
Civil cases relating to environmental protection and compensation
Appellate jurisdiction over orders of pollution control boards
Original jurisdiction in cases of substantial environmental damage
Can impose environmental compensation and restoration orders
Contempt powers for non-compliance with orders
NGT Bench Locations
Map of India showing NGT Principal Bench in New Delhi and 4 regional benches in Chennai, Kolkata, Pune and Bhopal with their territorial jurisdiction
5 NGT benches ensure pan-India coverage for environmental justice
Trap: NGT is NOT related to Article 275(1) (Scheduled Areas grants) or Article 243(A) (Gram Sabha)
Confusion: NGT handles only civil environmental cases, not criminal pollution cases
Mix-up: Article 21 basis vs other environmental provisions like Article 48A (directive principle)
Wrong scope: NGT cannot hear cases involving National Parks under Wildlife Act — these go to High Courts
Article 21 - Right to Life
Indian Polity Right to life Article 21
Article 21: Evolution from Life & Liberty to Comprehensive Rights
Article 21: No person shall be deprived of life or personal liberty except by procedure established by law
Maneka Gandhi case (1978) expanded Article 21 to include substantive due process
Right to healthy environment is part of Right to Life - basis for environmental laws
30+ rights have been read into Article 21 by Supreme Court
Judicial Expansion
Originally, Article 21 was narrow - just protection from arbitrary arrest. The Maneka Gandhi judgment (1978) transformed it by requiring fair, just and reasonable procedure. This opened the door for reading multiple rights into the Right to Life.
Key Rights Under Article 21
Right | Landmark Case | Practical Impact |
|---|---|---|
Right to Healthy Environment | Subhash Kumar v. Bihar (1991) | Basis for NGT, pollution control |
Right to Education | Unni Krishnan (1993) | Led to RTE Act 2009 |
Right to Privacy | Puttaswamy (2017) | Data protection, surveillance limits |
Right to Food | PUCL v. Union (2001) | Mid-day meal, PDS reforms |
Right against Torture | Sunil Batra (1978) | Prison reforms, custodial rights |
Environmental Dimension
Subhash Kumar case: Right to Life includes right to pollution-free environment
MC Mehta cases: Established polluter pays principle and absolute liability
Vellore Citizens case: Introduced precautionary principle in environmental law
Article 21 provides locus standi to citizens for environmental litigation
Trap: Article 21 vs Article 48A (Directive Principle on environment) - NGT is based on Article 21
Confusion: Procedure established by law vs due process of law - India follows the former
Mix-up: Rights under Article 21 are fundamental rights, not directive principles
Scope error: Article 21 applies to all persons, not just citizens
Article 275 - Grants to States
Indian Polity Article 275(1) Scheduled Areas Scheduled Tribes
Article 275: Constitutional Grants for Scheduled Areas & Tribal Welfare
Article 275(1) provides Union grants to states for Scheduled Areas administration
Unrelated to environmental law or NGT - deals with tribal welfare only
Grants are discretionary and decided by Parliament, not automatic
Purpose & Scope
Article 275 deals with Union grants to states for specific purposes. Clause (1) specifically covers grants for raising administration standards in Scheduled Areas to promote tribal welfare - completely unrelated to environmental tribunals or pollution control.
Article 275 vs Environmental Provisions
Aspect | Article 275(1) | Environmental Laws |
|---|---|---|
Purpose | Tribal welfare in Scheduled Areas | Pollution control, environmental protection |
Mechanism | Financial grants from Centre | Courts, tribunals, regulatory boards |
Beneficiaries | Scheduled Tribes | General public, environment |
Nature | Administrative/developmental | Judicial/regulatory |
Funding | Parliament decides grants | Court fees, government budget |
UPSC Trap: Article 275(1) has nothing to do with NGT - it's about tribal grants, not environment
Confusion: Don't mix Scheduled Areas (tribal administration) with environmental jurisdiction
Scope error: Article 275 is about financial grants, not establishing courts or tribunals
Article 243A - Gram Sabha
Indian Polity Article 243(A) Gram Sabha
Article 243A: Gram Sabha as Foundation of Village Democracy
Article 243A defines Gram Sabha as village assembly of all adult members
Added by 73rd Amendment (1992) to institutionalize Panchayati Raj
Completely unrelated to NGT or environmental law - deals with local governance
Definition & Role
Article 243A establishes the Gram Sabha as a body consisting of persons registered as voters in the electoral rolls for a village. It serves as the foundation of the three-tier Panchayati Raj system but has no connection to environmental tribunals.
Gram Sabha Powers vs NGT Jurisdiction
Aspect | Gram Sabha (Article 243A) | NGT |
|---|---|---|
Constitutional Basis | Article 243A (73rd Amendment) | Article 21 (Right to Life) |
Scope | Village-level governance | Environmental disputes pan-India |
Members | All adult voters in village | Judicial + Expert members |
Powers | Local planning, social audit | Environmental compensation, orders |
Cases | Development schemes, audit | Pollution, environmental damage |
Key Functions
Village development planning and approval of schemes
Social audit of Panchayat works and accounts
Identification of beneficiaries for government schemes
MGNREGA work approval and oversight
UPSC Trap: Article 243A is about village democracy, not environmental justice
Confusion: Don't connect Panchayati Raj provisions with specialized tribunals like NGT
Wrong link: Gram Sabha deals with local governance, NGT with technical environmental disputes