Test: The National Green Tribunal Act,2010 - CLAT PG MCQ

In 2014, the NGT imposed a ban on rat-hole coal mining in Meghalaya due to serious concerns about environmental degradation and safety issues. This decision highlighted the tribunal's role in addressing critical environmental issues and protecting local ecosystems from harmful practices.

The Wildlife (Protection) Act, 1972, is not included in the NGT's jurisdiction, which focuses instead on specific environmental laws listed in its governing act. This exclusion highlights a limitation in the tribunal's ability to address all aspects of environmental protection, particularly those related to wildlife conservation.

A key criticism of the NGT is the ambiguity surrounding the term "substantial question" related to environmental issues. This lack of clarity can lead to inconsistent interpretations and applications of the law, highlighting the need for clearer guidelines to ensure fair and effective adjudication of environmental disputes.

The Precautionary Principle allows the NGT to take preventive measures even when there is uncertainty regarding potential harms to the environment. This principle is crucial in environmental law, as it promotes proactive steps to safeguard ecological integrity, reflecting the tribunal's commitment to protecting the environment.

The NGT consists of at least 10 and not more than 20 Judicial Members and a similar number of Expert Members. This composition allows for a blend of legal expertise and specialized knowledge in environmental matters, ensuring informed decision-making in cases related to ecological and environmental issues.

The Rio De Janeiro Summit, or the United Nations Conference on Environment and Development, was a crucial event that led to India's commitment to judicial remedies for environmental damage. This commitment was part of the broader international effort to enhance environmental protection and ultimately contributed to the establishment of the NGT.

The National Green Tribunal (NGT) was established to provide a specialized forum for the prompt and effective resolution of cases related to environmental protection, conservation of forests, and natural resources. Its creation aimed to alleviate the burden on regular courts, ensuring that environmental issues receive the attention and urgency they require. An interesting fact is that India is the third country globally to establish such a dedicated judicial body, following Australia and New Zealand.

The Precautionary Principle empowers the National Green Tribunal to take preventive measures even when there is not complete scientific certainty regarding potential environmental harm. This principle acknowledges that proactive steps can be essential in safeguarding the environment, especially in cases where the risks are significant yet not fully understood. It reflects a proactive approach to environmental management that prioritizes the protection of ecological integrity.

The National Green Tribunal can have a minimum of 20 members when considering both Judicial Members and Expert Members (at least 10 Judicial Members and at least 10 Expert Members). This dual composition is designed to ensure that the Tribunal has a blend of legal expertise and scientific knowledge, enabling it to address complex environmental issues effectively. The presence of both types of members allows for comprehensive deliberations on cases brought before the Tribunal.

In the landmark case regarding coal mining in Meghalaya, the National Green Tribunal imposed a ban on rat-hole coal mining due to serious concerns about environmental degradation and safety risks associated with this mining practice. Rat-hole mining is known for its detrimental impact on the environment, and the NGT's decision aimed to protect both ecological balance and public safety. This ruling underscores the Tribunal's commitment to enforcing environmental laws and ensuring sustainable practices in resource extraction.