Question map
How is the National Green Tribunal (NGT) different from the Central Pollution Control Board (CPCB) ? 1. The NGT has been established by an Act whereas the CPCB has been created by an executive order of the Government. 2. The NGT provides environmental justice and helps reduce the burden of litigation in the higher courts whereas the CPCB promotes cleanliness of streams and wells, and aims to improve the quality of air in the country. Which of the statements given above is/are correct ?
Explanation
The correct answer is option B (Statement 2 only).
The National Green Tribunal was established by the National Green Tribunal Act, 2010[1], making the first part of Statement 1 correct. However, Statement 1 is **incorrect** because the CPCB was **not** created by an executive order. The Water (Prevention and Control of Pollution) Act, 1974 created pollution control boards with functions to promote cleanliness of streams and wells[2], and the Air Act was enacted on 29th March 1981 for prevention, control and abatement of air pollution through Air Pollution Control Boards[3]. Thus, CPCB was established through Acts of Parliament, not executive orders.
Statement 2 is **correct**. The NGT was established for effective and expeditious disposal of cases relating to environmental protection, including enforcement of any legal right relating to environment and giving relief and compensation[4], thereby providing environmental justice and reducing litigation burden in higher courts. The pollution control boards' main functions include promoting cleanliness of streams and wells[2], and the CPCB executes the National Air Quality Monitoring Programme to determine air quality status and compliance[5], confirming it aims to improve air quality.
Sources- [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 23: THE HIGH COURT > p. 369
- [2] Environment and Ecology, Majid Hussain (Access publishing 3rd ed.) > Chapter 5: Biodiversity and Legislations > water (Prevention and control of Pollution) act, 1974 > p. 14
- [3] Environment and Ecology, Majid Hussain (Access publishing 3rd ed.) > Chapter 5: Biodiversity and Legislations > air (Prevention and control of Pollution) act, 1981 > p. 15
- [4] Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 27: Environmental Organizations > 27.7. NATIONAL GREEN TRISUNAL (NGT) > p. 385
- [5] Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 5: Environmental Pollution > a) National Air Quality Monitoring Programme > p. 69
PROVENANCE & STUDY PATTERN
Full viewThis is a classic 'Nature of Body' trap. UPSC loves confusing aspirants by swapping 'Statutory' with 'Executive'. While Statement 2 is a straightforward functional comparison found in standard texts (Shankar/NCERT), Statement 1 relies on the specific legal genesis of CPCB (Water Act, 1974) vs NGT (NGT Act, 2010). If you missed the 'Executive Order' lie in Statement 1, you walked into the trap.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Was the National Green Tribunal (NGT) in India established by an Act of Parliament (the National Green Tribunal Act, 2010)?
- Statement 2: Was the Central Pollution Control Board (CPCB) in India created by an executive order of the Government of India?
- Statement 3: Does the National Green Tribunal (NGT) in India provide environmental justice?
- Statement 4: Does the National Green Tribunal (NGT) in India help reduce the burden of environmental litigation in the higher courts?
- Statement 5: Does the Central Pollution Control Board (CPCB) in India promote the cleanliness of streams and wells?
- Statement 6: Does the Central Pollution Control Board (CPCB) in India aim to improve the quality of air in the country?
- Explicitly states that in 2010 Parliament enacted the National Green Tribunal Act, 2010.
- Direct link between Parliament and the statutory creation of the NGT.
- Explicitly contrasts NGT as being 'established by an Act' with CPCB created by executive order.
- Confirms legal mode of creation (Act of Parliament) for the NGT.
- Refers to the Preamble of the Act providing for establishment of a National Green Tribunal.
- Describes the Act's purpose in constituting the NGT (environmental adjudication).
- Snippet explicitly contrasts NGT (established by an Act) with CPCB (created by an executive order of the Government).
- Direct statement in the source names 'created by an executive order' for CPCB, making it the strongest supporting piece.
- Fly Ash Notification issued by MoEF&CC (under Environment Protection Act) assigns monitoring/implementation roles to CPCB.
- Shows CPCB functions are invoked/used via executive notifications, consistent with an executive-created/administrative body.
- States CPCB operates under the purview of the Ministry of Environment, Forest and Climate Change, indicating administrative placement within the executive.
- Supports the view that CPCB is an executive/administrative entity rather than one created by primary legislation in this collection of snippets.
- Snippet states the Act's Preamble establishes the NGT for effective and expeditious disposal of environmental cases.
- Explicit mention of enforcement of legal rights and giving relief and compensation for environmental damages.
- Notes that NGT's specialized adjudicatory architecture facilitates fast-track resolution of environmental disputes.
- Shows NGT exercising enforcement power by suspending environment clearance for a hydel power project.
- Provides concrete example of NGT intervening to halt potentially harmful activity, indicative of delivering environmental justice.
- Shows NGT constituting a high-powered government committee to prepare restoration guidelines after environmental damage.
- Illustrates NGT's remedial and restoration role beyond adjudication, supporting provision of environmental justice.
- The Act's Preamble establishes the NGT for effective and expeditious disposal of environmental cases.
- Mandate includes enforcement, relief and compensation β a dedicated adjudicatory forum for environmental disputes.
- The snippet explicitly frames the NGT as a specialized architecture to fast-track resolution of environmental cases.
- States that the National Green Tribunal has original jurisdiction on environmental matters.
- Original jurisdiction implies matters can be heard by the NGT directly rather than by higher courts.
- This structural jurisdictional shift supports alleviating higher courts' caseload on environmental issues.
- Shows NGT exercising adjudicatory powers (suspension of environmental clearance for a project).
- Demonstrates the NGT's ability to decide substantive project-level environmental disputes that otherwise might reach higher courts.
- Practical interventions like these indicate operational capacity to reduce litigation escalations to higher courts.
- Explicitly lists 'To promote cleanliness of streams and wells' as a primary function of pollution control boards.
- Provides a statutory-style list of functions and powers showing CPCB/boards have direct mandate on water cleanliness.
- States CPCB, with State Boards, monitors water quality of national aquatic resources at 507 stations.
- Monitoring activity supports the board's practical role in protecting/maintaining cleanliness of water bodies.
- Attributes official assessments about river pollution to the Central Pollution Board (e.g., Ganga pollution levels).
- Shows CPCB engages in evaluation and reporting on river/waterbody pollution, consistent with a role in water cleanliness.
- Explicitly states the CPCB executes the National Air Quality Monitoring Programme (NAMP).
- NAMP's objectives (determine ambient air quality status/trends, check compliance with NAAQS, identify nonβattainment cities) are directly about assessing and managing air quality.
- Specifies that implementing Bharat Stage emission standards (to control vehicular air pollutants) is the CPCB's responsibility.
- Controlling vehicular emissions is a concrete regulatory action aimed at reducing air pollution.
- Air (Prevention and Control of Pollution) Act's main objective is prevention, control and abatement of air pollution through national-level pollution control boards.
- Lists board functions (fix emission levels, inspect units, take samples) which are institutional powers to reduce/abate air pollution.
- [THE VERDICT]: Trap + Standard Books (Shankar IAS/Laxmikanth). Statement 1 is the killer; CPCB is Statutory, not Executive.
- [THE CONCEPTUAL TRIGGER]: 'Bodies & Origins'. Never read a body's name without tagging its DNA: Constitutional (Article?), Statutory (Act?), or Executive (Cabinet Resolution?).
- [THE HORIZONTAL EXPANSION]: Memorize the genesis of parallel bodies: 1. CPCB -> Water Act, 1974 (Statutory). 2. NTCA -> Wildlife Protection Act, 1972 (Statutory). 3. NITI Aayog -> Executive Resolution (Non-Statutory). 4. Zonal Councils -> States Reorganisation Act, 1956 (Statutory). 5. Inter-State Council -> Article 263 (Constitutional).
- [THE STRATEGIC METACOGNITION]: Create a 'Genesis Table' for Environment bodies. Columns: Body Name | Parent Act | Ministry | Headed By. UPSC swaps these columns to create statements. The function (Statement 2) is usually easy; the legal status (Statement 1) is where they hide the error.
Evidence contrasts NGT (established by Act) with CPCB (created by executive order), highlighting different legal bases for institutions.
High-yield for polity: UPSC often tests whether a body is statutory or executive (implications for permanence, powers, and judicial review). Links to questions on institutional design and accountability. Learn by mapping bodies (e.g., tribunals, boards, commissions) to their founding instrument.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2018 TEST PAPER > p. 755
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 23: THE HIGH COURT > p. 369
References discuss tribunals' establishment rules under Articles 323A/323B, which frame Parliament/state roles in setting up adjudicatory bodies like the NGT.
Important for mains and prelims: distinguishes which authorities can legislate tribunals and the constitutional constraints (jurisdictional exclusions, judicial review issues). Helps answer questions on tribunal legitimacy, legislative competence, and administrative justice.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 36: Tribunals > TRIBUNALS FOR OTHER MATTERS > p. 366
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 36: Tribunals > ADMINISTRATIVE TRIBUNALS > p. 365
Evidence cites the Act's Preamble and notes the NGT's jurisdiction for environmental protection and relief.
Directly relevant for environment and polity overlap: understand the statutory mandate and original jurisdiction of NGT for answering questions on environmental adjudication, implementation, and policy impacts. Useful for case-based questions on environmental governance.
- Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 27: Environmental Organizations > 27.7. NATIONAL GREEN TRISUNAL (NGT) > p. 385
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 23: THE HIGH COURT > INTRODUCTION TO THE CONSTITUTION OF INDIA > p. 370
Reference [1] directly contrasts an institution set up by an Act (NGT) with one 'created by an executive order' (CPCB), highlighting the legal/constitutional difference.
High-yield for UPSC: many questions ask whether an institution is created by statute or executive action and the implications for legal status, powers, and judicial review. Mastering this helps answer governance, constitutional law and polity questions and link to topics like delegated legislation and autonomy of institutions.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2018 TEST PAPER > p. 755
- Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 5: Environmental Pollution > 5.3. ENVIRONMENT (PRoTECTIetr) > p. 72
Reference [3] places CPCB under the MoEF&CC and reference [7] shows the ministry issuing notifications that assign duties to CPCB.
Important for UPSC candidates to map how regulatory bodies function within executive structures β affects questions on implementation, accountability, and centreβstate interactions (e.g., SPCBs). Useful for governance and environment polity questions; learn by linking institutional charts with functions and source of authority.
- Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 5: Environmental Pollution > 5.2.10. Bharat stage norms > p. 71
- Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 5: Environmental Pollution > Fly ash notification zozr > p. 67
Reference [6] notes the Act empowers the Central Government to take measures; reference [7] gives an example (Fly Ash Notification) where MoEF&CC used that power and assigned roles to CPCB.
Covers how primary environmental legislation enables subordinate/executive action β a recurring UPSC theme on delegated legislation, statutory instruments and implementation. Mastery helps answer questions on legal basis of environmental rules, administrative procedure, and interplay between Acts and notifications.
- Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 5: Environmental Pollution > 5.3. ENVIRONMENT (PRoTECTIetr) > p. 72
- Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 5: Environmental Pollution > Fly ash notification zozr > p. 67
The Act's Preamble (reference 2) frames the NGT to dispose of environmental cases quickly and to provide relief and compensation, which is central to whether it provides environmental justice.
High-yield for UPSC since questions ask about institutional roles and mandate; links to constitutional rights (right to life/environment) and implementation mechanisms. Master by studying the enabling Act's objectives and comparing mandate vs. outcomes. Enables answering questions on institutional design, mandate efficacy, and law-policy interaction.
- Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 27: Environmental Organizations > 27.7. NATIONAL GREEN TRISUNAL (NGT) > p. 385
The 'Dual Act' Anomaly: CPCB was established under the Water Act, 1974, but it was later entrusted with powers and functions under the Air Act, 1981. It derives authority from two acts but owes its birth to the Water Act.
The 'Power-Source' Heuristic: CPCB has the power to close down industries and cut electricity/water supply. In a democracy based on Rule of Law, such draconian powers are rarely delegated to a body created merely by an 'Executive Order'. They almost always require a Statute (Act of Parliament). Thus, Statement 1 is highly likely to be false.
Mains GS-3 (Environment) Link: The shift from CPCB (Regulatory/Scientific) to NGT (Adjudicatory) represents the evolution from 'Command and Control' to 'Environmental Justice'. CPCB failed to curb pollution effectively (toothless tiger), necessitating a Tribunal (NGT) to enforce accountability.