Question 1

The NGT can only take up cases when a formal application or petition is filed by an aggrieved party under Section 14 of the NGT Act.

Accepted Answer

The Supreme Court (in MCGM vs. Ankita Sinha, 2021) explicitly clarified that the NGT possesses suo motu powers to initiate proceedings on its own motion to protect the environment and uphold Article 21.

Question 2

The 'Polluter Pays Principle' implies that paying a fine or compensation grants the violator the right to continue the polluting activity.

Accepted Answer

The principle requires the polluter to pay for the remediation of the environment and compensation to the victims, but it strictly demands the immediate cessation of the polluting activity.

Question 3

Consider the following statements regarding the National Green Tribunal (NGT) and its powers:
1. The NGT has explicit constitutional backing under Article 32 to exercise suo motu jurisdiction for environmental protection.
2. The Supreme Court in the Ankita Sinha case (2021) ruled that the NGT can initiate proceedings based on letters or media reports without a formal application.
3. The NGT has the power to levy Environmental Compensation on urban local bodies for violating the Solid Waste Management Rules, 2016 under the Polluter Pays Principle.
How many of the above statements are correct?

Accepted Answer

(b) Only two — Statement 1 is incorrect because the NGT is a statutory body created under the NGT Act, 2010, not a constitutional body operating under Article 32 (which grants writ jurisdiction to the Supreme Court). Statements 2 and 3 are correct. The SC affirmed NGT's suo motu powers in the Ankita Sinha case, and the NGT regularly levies Environmental Compensation on municipalities for flouting SWM Rules 2016.

Question 4

Match List I (Legal Framework / Principle) with List II (Associated Provision / Application):

List I
A. Solid Waste Management Rules, 2016
B. Polluter Pays Principle
C. EIA Notification, 2006
D. Section 15 of the Environment (Protection) Act, 1986

List II
1. Mandates prior environmental clearance for certain large-scale landfill sites.
2. Mandates source segregation of waste and legacy waste remediation.
3. Prescribes penalties for contravention of the Act and its associated rules.
4. Requires the offending entity to bear the costs of ecological restoration.

Accepted Answer

(a) A-2, B-4, C-1, D-3 — Solid Waste Management Rules 2016 (A) introduced mandatory source segregation of waste (2). The Polluter Pays Principle (B) holds the polluter liable for ecological restoration costs (4). The EIA Notification 2006 (C) mandates environmental clearance for categorized projects, including large waste processing and landfill sites (1). Section 15 of the EPA 1986 (D) details the penalties for contravening the provisions of the Act (3).

Question 5

Assertion (A): The National Green Tribunal (NGT) cannot initiate proceedings on its own motion (suo motu) because it is a statutory tribunal, not a constitutional court.
Reason (R): In 2021, the Supreme Court of India ruled that the NGT must adopt a purposive interpretation of the NGT Act, 2010 to protect the right to life, which includes exercising suo motu powers.

Accepted Answer

(d) A is false but R is true. — Assertion (A) is false. While it is true that the NGT is a statutory tribunal and not a constitutional court, the Supreme Court has ruled that it CAN initiate suo motu proceedings. Reason (R) is true; the Supreme Court explicitly established in the Municipal Corporation of Greater Mumbai vs. Ankita Sinha (2021) case that the NGT has suo motu powers to fulfill its mandate of protecting the environment and public health under Article 21.

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