National Green Tribunal Questions and Answers

Answer: D

The penalty is imprisonment up to three years or fine up to Rs. 10 crore, or both.

Section 26(1) of the National Green Tribunal Act, 2010 provides that whoever fails to comply with any order, award or decision of the Tribunal shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to ten crore rupees, or with both. A company faces a fine of up to twenty-five crore rupees.

The other options get either the term of imprisonment or the amount of the fine wrong.

Answer: C

The NGT must apply the principle of sustainable development, the precautionary principle and the polluter pays principle.

Section 20 of the National Green Tribunal Act, 2010 provides that while passing any order, decision or award, the Tribunal shall apply the principles of sustainable development, the precautionary principle and the polluter pays principle.

Intergenerational equity and the public trust doctrine are important in Indian environmental jurisprudence, but they are not the principles named in section 20, and each of the other options leaves out at least one of the three that are.

Answer: B

The NGT has not less than 10 but maximum 20 full time judicial members.

Section 4(1) of the National Green Tribunal Act, 2010 provides that the Tribunal consists of a full-time Chairperson, not less than ten but subject to a maximum of twenty full-time Judicial Members as the Central Government may notify, and not less than ten but subject to a maximum of twenty full-time Expert Members.

The other ranges, 5 to 10, 3 to 5 and 15 to 20, do not appear in the Act. The same 10 to 20 range applies to expert members, which is a useful check.

Answer: A

The NGT has jurisdiction over all civil cases where a substantial question relating to environment is involved and such question arises out of the implementation of the enactments specified in Schedule I.

Section 14(1) of the National Green Tribunal Act, 2010 gives the Tribunal jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment) is involved and arises out of the implementation of the seven enactments in Schedule I, such as the Water, Air and Environment (Protection) Acts.

The NGT has no criminal jurisdiction, so the options including criminal cases are wrong, and its jurisdiction is not over every environmental case, only those tied to the scheduled Acts.

Answer: C

The key gives Entry 13.

The National Green Tribunal Act, 2010 recites that India took part in the UN Conference on Environment and Development at Rio in 1992 and is committed to its decisions, including Principle 10 on access to judicial and administrative remedies. Entry 13 of the Union List covers participation in international conferences, associations and other bodies and implementing of decisions made thereat, and Article 253 lets Parliament legislate to implement such decisions.

Entry 12 covers the United Nations Organisation, Entry 14 the entering into of treaties with foreign countries, and Entry 15 war and peace.

Answer: D

The Tribunal may have a maximum of 20 judicial members.

Section 4 of the National Green Tribunal Act, 2010 provides that the Tribunal consists of a full-time Chairperson and not less than ten but subject to a maximum of twenty full-time Judicial Members, with expert members in the same numbers. The upper limit for the judicial members is therefore twenty.

Ten is the minimum number of judicial members, so (C) mistakes the lower limit for the upper one. Seven and fifteen are not figures given in the section for this body.