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Q29 (IAS/2012) Environment & Ecology › Environment Laws, Policies & Institutions (India) › Environmental Regulatory Bodies Answer Verified

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 (A) 3. Power and functions of Gram Sabha as mentioned under Article 243(A) Select the correct answer using the codes given below:

Result
Your answer: —  Â·  Correct: A
Explanation

The National Green Tribunal (NGT) Act, 2010, was enacted primarily to fulfill the constitutional mandate of providing a healthy environment, which the Indian judiciary has interpreted as an integral part of the Right to Life under Article 21 [2]. The Preamble of the NGT Act explicitly mentions that the right to a healthy environment is construed as part of Article 21 [3]. While the Act also aims to implement decisions from international conferences like Stockholm (1972) and Rio (1992), its domestic constitutional foundation is rooted in Article 21, along with Directive Principles like Article 48A [3]. Provisions regarding grants for Scheduled Areas under Article 275 (A) and the powers of Gram Sabhas under Article 243(A) are related to tribal welfare and local self-governance respectively, and do not serve as the legal basis for the enactment of the NGT Act [1].

Sources

  1. [2] https://www.greentribunal.gov.in/sites/default/files/act_rules/National_Green_Tribunal_Act,_2010.pdf
  2. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 39: Panchayati Raj > Significance of the Act > p. 388
  3. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 23: THE HIGH COURT > p. 369
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