3. Separation Of Power Between Various Organs, Dispute Redressal Mechanism And Institutions

Question 1

NGT GENESIS?

Answer 1

NGT genesis is in mc Mehta case of 1989, justice Bhagwati suggested for a environmental courts,
Reason being
1. rising cases of environmental pollution
2. Increase need for assessment and evolution of scientific and technical data regarding environmental matters.

So in 2010 national green tribunal was set up under the NGT act.

Question 2

What is NGT ?

Answer 2

NGT is a specialised body for effective and expeditious redressal of of environmental disputes
India was the 3rd county to make a NGT after Australia and New Zealand.

5centers New Delhi
Bhopal
Pune 
Kolkata 
Chennai

Question 3

Structure of ngt? Powers of ngt ?

Answer 3

Tribunal comprises of chairperson and members appointed for 5 years without reappointment.
Appointment is done by selection committee
Chairperson appointed by government on recommendation on CJI.
There shall be at least 10 members and maximum 20 members.

Powers

1. To look into matters on environmental pollution.
2. To follow the rules of natural justice rather than Cpc
3. Has original jurisdiction and appellate jurisdiction
4. Can give compensation and restitution.
5. Award or decree is equivalent to a civil court.
6. Appeal in Supreme Court lies in 90 days

Question 4

Pros/ cons of ngt

Answer 4

1. A dedicated environment court
2. Allows experts to deal with environmental matters.
3. Reduces burden of high court’s
4. No reappointment leads to fair judgement
5. Has been instrumental in implementing environmental impact assessment on strict basis.

Cons

1. Important acts are kept out of its jurisdiction
   a. Wildlife protection ace 1972
   b. schedule tribes and other traditional forest dwellers
2. The decisions are.challenged by people in high courts under article 226. Leading to additional burden on public exchequer.
3. It is seen as an impediment in the economic growth of the country.
4. cases pendency
5. justice system is hindered by limited regional centres.

Question 5

Landmark cases by ngt and way forward

Answer 5

Ban on plastic below 50 micron in delhi due to death of animals and clogging of sewers

Almitra h Patel case where it directed courts to implement solid management rules and prohibited open burning of solid waste

Way forward
by increasing the members, opening new centres .

Appeal only in Supreme Court to be established in the act itself + larger benches in ngt itself for appeal.

NGT is not to be seen as an obstacle in the economic development but it is to be seen as an way of having a sustainable development.

Question 6

National commission for woman setup? Objectives?

Answer 6

NCW was set up in jan 1992 under national commission for warn act 1990 to

1. Review the constitutional and legal safeguards for woman
2. Recommend remedial legislative mesures
3. Advisor on policy matter to government on woman

Question 7

Major role of NCW / major limitation

Answer 7

The ncw

1. Presentation of reports to government On review of policy, legislature.
2. Investigation of cases in woman right violation
3. Power to take cases suo moto
4. Special studies and investigations on woman issues
5. Research

Major limitation

1. Does not have constitutional status so lacks powers to investigate matters
2. Even if taking up suo moto cases it does not have powers to summon police or witness
3. They are dependent on government after they make recommendations.
4. Political influence in selection of members and staff

Question 8

Achievements of NCW and way forward

Answer 8

Achievement

1. They have set up PARAVARIK MAHILA LOK ADALAT to take proactive steps to resolve woman related disputes
2. They have reviewed and evaluated
   a. Ipc
   b. Pre conception pre natal diagnostic techniques act 1994
   c. Dowary prohibition act 1961
3. They have step up workshops and consultation outlets for emancipation of woman

Way forward
The government should allow the ncw to appoint its own staff and experts
They should be given legal powers when they are investigating matters of woman
They should be given ministerial status to chairman of cabinet minister and to members of ministers of state
They should get independent budget which is independent of ministry of woman and child development.