Which of the following statements about National Green Tribunal is/are correct? 1. It is a specialized body equipped with the necessary expertise to handle environ- mental disputes involving multidisciplinary issues. 2. The Tribunal shall be bound by the procedure laid down under the Code of Civil Procedure, 1908. Select the correct answer using the code given below.

1. Constitutional Provisions for Environment Protection (basic)

To understand how India regulates its environment, we must start at the very foundation: the Constitution of India. Interestingly, the original Constitution of 1950 did not contain specific provisions for environmental protection. It was the 42nd Amendment Act of 1976 that introduced a 'green' consciousness into our supreme law, creating a dual responsibility for both the government and the people.

Environmental protection in India rests on three main constitutional pillars:

• Directive Principles of State Policy (Article 48A): This article mandates that the State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country M. Laxmikanth, Directive Principles of State Policy, p.113. While Directive Principles are not enforceable by courts (non-justiciable), they are fundamental in the governance of the country.
• Fundamental Duties (Article 51A(g)): This places a moral and legal duty on every citizen to protect and improve the natural environment, including forests, lakes, rivers, and wildlife D. D. Basu, FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES, p.162.
• Right to Life (Article 21): Through various landmark judgments, the Supreme Court has expanded the scope of Article 21 to include the Right to a Clean Environment. By reading Article 21 alongside the State's duty (48A) and the Citizen's duty (51A(g)), the judiciary ensures that environmental protection is treated as a fundamental right D. D. Basu, FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES, p.162.

To clarify the distinction between these provisions, consider this comparison:

Feature	Article 48A (DPSP)	Article 51A(g) (Fundamental Duty)
Target	The State (Government)	The Citizen
Nature	Policy Directive	Individual Responsibility
Enforceability	Non-justiciable (moral obligation)	Non-justiciable (but can be promoted by law)

Sources: Indian Polity, M. Laxmikanth (7th ed.), Directive Principles of State Policy, p.113; Introduction to the Constitution of India, D. D. Basu (26th ed.), FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES, p.162

2. Tribunals in India: Constitutional Basis (basic)

To understand environmental regulation, we must first understand the Constitutional engine that powers specialized justice in India. In our original 1950 Constitution, there were no specific provisions for 'Tribunals.' However, as the governance of the country became more complex, it became clear that ordinary courts were overburdened and lacked the technical expertise required for specialized subjects like taxation, labor, or the environment.

Following the recommendations of the Swaran Singh Committee, the Parliament passed the 42nd Amendment Act of 1976, which introduced a brand-new Part to the Constitution: Part XIV-A Laxmikanth, M. Indian Polity, Tribunals, p.365. This part consists of just two critical articles that serve as the foundation for all modern Indian tribunals:

• Article 323A: Deals exclusively with Administrative Tribunals (disputes regarding recruitment and service conditions of persons in public services).
• Article 323B: Deals with Tribunals for other matters, such as taxation, foreign exchange, land reforms, and industrial disputes Laxmikanth, M. Indian Polity, Tribunals, p.366.

It is important to distinguish between these two, as they differ in who can establish them and what they cover. While Article 323A is only for the Parliament, Article 323B allows both the Parliament and State Legislatures to create tribunals within their respective legislative competencies.

Feature	Article 323A	Article 323B
Scope	Only Public Service matters	Taxation, Land Reforms, Environment, etc.
Establishment	Only by Parliament	By Parliament or State Legislatures
Hierarchy	Only one tribunal for Center and one for each state (or joint)	A hierarchy of tribunals may be created

Even though these tribunals are specialized, they are not "islands" of law. Under Articles 226 and 227, the High Courts maintain a power of judicial superintendence over them. This ensures that while tribunals provide expertise and speed, they still operate within the framework of the rule of law and the oversight of the superior judiciary D. D. Basu, Introduction to the Constitution of India, THE HIGH COURT, p.366.

Sources: Laxmikanth, M. Indian Polity, Tribunals, p.365-366; Introduction to the Constitution of India, D. D. Basu, THE HIGH COURT, p.366

3. Evolution of Environmental Legislation in India (intermediate)

The journey of environmental law in India is a remarkable transition from a laissez-faire approach to becoming a global pioneer in constitutional protection. While early colonial laws focused on managing resources like timber, the true shift occurred after the 1972 Stockholm Conference (UN Conference on the Human Environment). This international milestone prompted India to become the first country to embed environmental protection directly into its Constitution Environment, Shankar IAS Academy, Protected Area Network, p.211. Through the 42nd Amendment in 1976, Article 48A was added to the Directive Principles, urging the State to protect the environment, and Article 51A(g) made it a Fundamental Duty for citizens to protect forests, lakes, and wildlife Environment, Shankar IAS Academy, Environmental Pollution, p.72. Following this constitutional mandate, India enacted a series of specific laws, beginning with the Wildlife (Protection) Act, 1972 and the Water Act, 1974. However, the 1984 Bhopal Gas Tragedy revealed gaps in this piecemeal approach, leading to the Environment (Protection) Act, 1986 (EPA). Often called 'Umbrella Legislation,' the EPA provides a comprehensive framework for the Central Government to coordinate the activities of various authorities and tackle pollution holistically Environment and Ecology, Majid Hussain, Major Crops and Cropping Patterns in India, p.88. Unlike previous laws that focused on specific media like water or air, the EPA allows for a more 'bold and effective' measure against environmental degradation Environment, Shankar IAS Academy, Environmental Pollution, p.72. The final evolutionary leap was the shift from regulation to specialized adjudication. In 2010, the National Green Tribunal (NGT) was established as a statutory body. The NGT represents a departure from traditional legal rigidity; it is not bound by the Code of Civil Procedure (1908) or the Indian Evidence Act. Instead, it is guided by the Principles of Natural Justice. This allows the tribunal to handle complex, multi-disciplinary environmental disputes with the speed and technical expertise that regular civil courts often lack.

Sources: Environment, Shankar IAS Academy, Protected Area Network, p.211; Environment, Shankar IAS Academy, Environmental Pollution, p.72; Environment and Ecology, Majid Hussain, Major Crops and Cropping Patterns in India, p.88

4. Executive Regulatory Bodies: CPCB and SPCB (intermediate)

To understand environmental governance in India, we must look at the Central Pollution Control Board (CPCB) and its state counterparts, the State Pollution Control Boards (SPCBs). These are statutory bodies, meaning they were created by a specific law passed by Parliament. The CPCB was first established under the Water (Prevention and Control of Pollution) Act, 1974, with the primary objective of keeping our water bodies clean and managing water pollution Environment and Ecology, Majid Hussain, Biodiversity and Legislations, p.14. Later, its mandate was expanded significantly when it was entrusted with powers under the Air (Prevention and Control of Pollution) Act, 1981 Environment and Ecology, Majid Hussain, Biodiversity and Legislations, p.15.

Think of the CPCB as the national coordinator and the SPCBs as the frontline regulators. While the CPCB advises the Central Government and coordinates the activities of the states, the SPCBs are responsible for implementing these laws within their respective territories. Their powers are quite extensive and go beyond simple monitoring. They have the executive authority to inspect industrial units, collect samples of effluents or emissions as evidence, and even order the closure of a non-compliant industry or cut off its essential supplies like electricity and water Environment and Ecology, Majid Hussain, Biodiversity and Legislations, p.14.

Feature	Central Pollution Control Board (CPCB)	State Pollution Control Board (SPCB)
Primary Mandate	Coordinates activities of SPCBs and provides technical assistance to the MoEFCC.	Implements pollution control laws at the ground level within the state.
Key Role	Sets national standards for air and water quality.	Grants "Consent to Establish" and "Consent to Operate" for industries.
Research	Promotes and sponsors large-scale research on pollution control.	Conducts surveys and monitors local environmental compliance.

Under the Environment (Protection) Act, 1986, these boards also play a critical role as technical arms of the government, assisting in the enforcement of broader environmental standards Environment, Shankar IAS Academy, Environmental Pollution, p.73. Their evolution from water-focused bodies to comprehensive pollution regulators shows how India's legal framework has tightened to address the multi-dimensional nature of environmental degradation.

Sources: Environment and Ecology, Majid Hussain, Biodiversity and Legislations, p.14; Environment and Ecology, Majid Hussain, Biodiversity and Legislations, p.15; Environment, Shankar IAS Academy, Environmental Pollution, p.73

5. Core Environmental Jurisprudence and Principles (intermediate)

To understand the National Green Tribunal (NGT), we must first appreciate why it exists: regular civil courts are often bogged down by procedural technicalities and lack the deep scientific expertise required to adjudicate complex ecological issues. Established under the National Green Tribunal Act, 2010, the NGT is a statutory body specifically designed to provide specialized expertise in handling environmental disputes. Unlike a traditional court, it is a multi-disciplinary body that includes both Judicial Members and Expert Members, ensuring that scientific data and legal principles are weighed equally. This legal framework was influenced by the need for a comprehensive approach following major industrial disasters, such as the Bhopal Gas Tragedy, which highlighted the gaps in India's environmental laws Environment and Ecology, Majid Hussain (Access publishing 3rd ed.), Major Crops and Cropping Patterns in India, p.88.

One of the most critical aspects of the NGT is its procedural autonomy. Under Section 19 of the NGT Act, the Tribunal is not bound by the procedure laid down in the Code of Civil Procedure (CPC), 1908, or the rules of evidence in the Indian Evidence Act, 1872. While the NGT has the powers of a civil court for certain functions—such as summoning witnesses or requiring the production of documents—it is primarily guided by the Principles of Natural Justice. This flexibility allows the Tribunal to regulate its own procedure, facilitating the "expeditious disposal" of cases, which is vital in environmental law where delay can lead to irreversible ecological damage.

In practice, the NGT functions as an adjudicatory body that balances development with conservation. It applies fundamental principles of environmental jurisprudence, such as Sustainable Development, the Precautionary Principle, and the Polluter Pays Principle. This shift toward a specialized judiciary reflects a broader trend in Indian law where the executive and judiciary collaborate to address policy implementation and the interpretation of environmental statutes Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.), JUDICIARY, p.147.

Feature	Traditional Civil Court	National Green Tribunal (NGT)
Procedural Law	Strictly bound by CPC, 1908	Guided by Principles of Natural Justice
Evidence	Bound by Indian Evidence Act, 1872	Flexible; focus on technical expertise
Composition	Judicial Officers only	Judicial Members + Expert Members

Sources: Environment and Ecology, Majid Hussain (Access publishing 3rd ed.), Major Crops and Cropping Patterns in India, p.88; Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.), JUDICIARY, p.147

6. NGT: Composition, Structure and Mandate (exam-level)

The National Green Tribunal (NGT), established in 2010 under the National Green Tribunal Act, is a specialized statutory body. It was created to provide a dedicated forum for the effective and expeditious disposal of cases relating to environmental protection, conservation of forests, and other natural resources. India is one of the few countries in the world (following Australia and New Zealand) to have such a specialized environmental tribunal. The NGT holds original jurisdiction over civil cases where a substantial question relating to the environment is involved D.D. Basu, The High Court, p.370.

The composition of the NGT is designed to handle multi-disciplinary issues by combining legal expertise with scientific knowledge. This structure is essential because environmental disputes often require technical evaluations that a traditional court might find challenging to process alone:

• Chairperson: Typically a retired Judge of the Supreme Court or a retired Chief Justice of a High Court.
• Judicial Members: Judges from the High Courts.
• Expert Members: Professionals with significant experience (at least 15 years) and a Master's/Doctorate degree in science, engineering, or technology relating to the environment.
• Strength: The Act mandates a minimum of 10 and a maximum of 20 full-time Judicial and Expert members each.

While the NGT has its Principal Bench in New Delhi, it operates through several regional benches to ensure pan-India reach, including benches in Bhopal, Pune, Kolkata, and Chennai D.D. Basu, Tables, p.547. One of the most critical aspects of the NGT is its legal procedure. Unlike traditional civil courts, the NGT is not bound by the procedure laid down under the Code of Civil Procedure (CPC), 1908, or the Indian Evidence Act, 1872. Instead, it is guided by the principles of natural justice. This allows the tribunal to be flexible, less formal, and faster in its decision-making process, aiming to resolve cases within six months of filing.

Feature	Description
Legal Principles	Follows Sustainable Development, the Precautionary Principle, and the "Polluter Pays" principle.
Powers	Has the powers of a Civil Court to summon witnesses and enforce its orders.
Appeals	Decisions can be challenged in the Supreme Court within 90 days.

Sources: Introduction to the Constitution of India, D. D. Basu, Tables, p.547; Introduction to the Constitution of India, D. D. Basu, The High Court, p.370

7. NGT Procedures: Natural Justice vs. CPC 1908 (exam-level)

To understand how the National Green Tribunal (NGT) functions, we must first look at how standard civil courts operate. Usually, civil courts in India are bound by the Code of Civil Procedure (CPC), 1908 and the Indian Evidence Act, 1872. These are rigid rulebooks that dictate exactly how a trial should proceed. However, environmental cases are often urgent and involve complex technical data that strict legal technicalities might delay. Therefore, the NGT Act, 2010 specifically liberates the Tribunal from these rigid procedures under Section 19. Instead of being shackled by the CPC, the NGT is guided by the Principles of Natural Justice. This concept, famously reinforced in the Maneka Gandhi vs. Union of India (1978) case, ensures that procedures are fair, just, and reasonable, rather than just legally technical Indian Polity, M. Laxmikanth, Landmark Judgements, p.628. By following natural justice, the NGT can regulate its own procedure, allowing it to process environmental disputes more expeditiously and focus on the 'merits' of the environmental damage rather than getting stuck in procedural loopholes.

Feature	Standard Civil Courts	National Green Tribunal (NGT)
Procedural Law	Strictly bound by CPC, 1908	Guided by Principles of Natural Justice
Evidence Rules	Bound by Indian Evidence Act, 1872	Not bound by formal rules of evidence
Flexibility	Low (Follows established code)	High (Regulates its own procedure)
Primary Goal	General Civil Dispute Resolution	Expeditious disposal of environmental cases

It is important to note that while the NGT is not bound by the *procedure* of the CPC, it still enjoys the powers of a civil court. This means it can still summon witnesses, require the discovery of documents, and receive evidence on affidavits. This unique blend—having the authority of a court but the flexibility of an expert body—is what allows the NGT to handle multi-disciplinary environmental issues effectively.

Sources: Indian Polity, M. Laxmikanth, Landmark Judgements and Their Impact, p.628

8. Solving the Original PYQ (exam-level)

Now that you have mastered the framework of environmental governance and statutory bodies, this question tests your ability to synthesize those building blocks. In your earlier modules, we discussed how the National Green Tribunal (NGT) was established under the NGT Act, 2010 to act as a quasi-judicial body. Statement 1 directly reflects the NGT's core identity: it is not just a legal forum but a specialized, multidisciplinary body. By combining judicial members with expert members from scientific backgrounds, it bridges the gap between complex environmental science and law, ensuring that disputes are handled with technical precision. This confirms that Statement 1 is inherently correct.

To evaluate Statement 2, think back to our discussion on the flexibility of tribunals versus the rigidity of traditional courts. A common UPSC trap is to suggest that a tribunal must follow the strict procedural codes of civil law. However, as laid out in The National Green Tribunal Act, 2010, the NGT is specifically not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act. Instead, it is guided by the principles of natural justice. This allows the tribunal to regulate its own procedure to achieve its primary goal: the expeditious disposal of environmental cases within six months. Therefore, Statement 2 is a classic distractor designed to catch students who confuse a tribunal's powers with its procedural requirements.

Consequently, the reasoning leads us directly to the correct answer (A) 1 only. Options (B) and (C) are incorrect because they fall for the procedural trap of Statement 2, while (D) overlooks the specialized expertise that defines the NGT's mandate. In the UPSC exam, whenever you see a statement claiming a tribunal is strictly bound by 100-year-old procedural codes, scrutinize it immediately, as the purpose of most modern tribunals is to bypass that very rigidity for the sake of efficiency.