GS PrelimsPolityTribunal System2012 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:
Correct Answer: Option A
Explanation
1. The National Green Tribunal Act, 2010 (NGT Act) was enacted to provide for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
2. Statement 1 is correct. The Constitution of India does not explicitly grant a fundamental right to a clean environment. However, the Supreme Court of India, through various judicial pronouncements, has interpreted the Right to life under Article 21 to include the Right to a healthy environment. The establishment of the National Green Tribunal (NGT) is seen as a legislative step taken in consonance with this judicially recognized right, providing a specialized forum for environmental justice.
3. Statement 2 is incorrect. Article 275(1) deals with grants from the Union to certain States for promoting the welfare of Scheduled Tribes or for raising the level of administration in the Scheduled Areas. This provision relates to fiscal federalism and tribal welfare, not directly to the broad environmental mandate for which the NGT was established.
4. Statement 3 is incorrect. Article 243(A) deals with the powers and functions of the Gram Sabha within the Panchayati Raj system. While Gram Sabhas may have roles related to local environmental management, the enactment of the NGT Act as a specialized environmental court is not directly derived from or in consonance with Article 243(A).
5. Therefore, the enactment of the NGT Act is primarily understood to be in consonance with the Right to a healthy environment, read as part of the Right to life under Article 21.
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