STATUATORY BODIES POLITY

Statutory Bodies
If we desire respect for the law, we must first make the law respectable.

-Louis D. Brandeis

1. Statutory Bodies

As Different from previously discussed constitutional bodies, statutory bodies derive their function,
structure and mandate from the law or statue. Hence the name statutory bodies. To change the
structure a simple law is enough, unlike constitutional amendment required in earlier cases.

Major Statutory bodies in India

1. National Commission for Women

2. National Human rights Commission
3. National Commission for Protection of Children Rights
4. Lokpal and Lokayukta
5. Central Information Commission
6. National Green Tribunal

1.1 National Commission for Women (NCW)

In India, women have come a long way from Vedic age to the modern age through several phases
and through different sectors of society. Today, such as in the armed forces, arts, information
technology, politics and a number of similar sectors which have traditionally been male dominated,
the women are doing a commendable job while simultaneously balancing the roles of wife, mother
and daughter. While, Indian women have fought against the patriarchal Indian society and triumphed
at many levels, cases of rape, dowry deaths, female infanticide, sexual harassment at workplace,
female illiteracy and similar problems are still rampant in Indian society. In this backdrop, commission
for women was set up to facilitate function of surveillance, grievance redressal and development of
socio economic development.

Origin

The principle of gender equality as enshrined in the Indian Constitution, in the Preamble, promotes
“equality of status and of opportunity”. The Fundamental Rights in Part III of the Indian Constitution
and Directive Principles are enshrined to promote gender equality. The Constitution not only grants
equality to women, but has also made special provisions for ensuring equality. But were these
enough, to help women come out of four walls and enjoy freedom? The answer was a clear NO.

During 1975, World’s first women conference was held at Mexico, in 1975, it was also earmarked as
international year for women. Along with this conference, UN Women and UN General Assembly

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dedicated 1975-1985 as decade for women. During this time, it urged the nations to study the
women’s conditions, understand her concerns and come up with solution. The study conducted in
India made glaring revelations. Women faced challenges on all fronts, be it political, educational,
economic and social. The belief that the constitutional ideals and fundamental rights were tool to
achieve gender equality and dignity for women was false. The issue needed more dedicated and
affirmative approach to address the concern of women.

Thus in January, 1992, the National Commission for Women (NCW), was set up as a statutory body
under the National Commission for Women Act, 1990.

Structure

The Commission must consist of members which includes a chairperson, a member secretary, and
the other five members.
Chairperson is nominated by the central government.
The five members are also to be nominated by the central government from amongst the person
of ability, integrity, and standing. They should possess experience in various fields like law or
legislation, women issues, trade unionism, economic development, and social good-being.
Member Secretary is again appointed by the Central Government an expert in field o administration
and experience of working in women related issues.

Roles and responsibilities

The commission enjoys the status of civil court and follows the civil procedure code. Its role and
responsibilities could be summarized as below,
 Review the Constitutional and Legal safeguards for women: there are provisions in our
constitutions that provide safeguards to women and ensures equality. The NCW reviews
these provisions and helps in implementing them, reaching every corner of country

 Inquiry and investigation: as civil court, the NCW can take matters from compliant or Suo-
motto also. It deals with non-Implementation and non-enforcement of law, helping women
to deal with social stereotyping, it’s been vocal in expressing an pushing for women justice

 Recommend remedial legislative measures: It took up the issue of child marriage, sponsored
legal awareness programmers, Parivarik Mahila Lok Adalats and reviewed laws such as Dowry
Prohibition Act, 1961, PNDT Act 1994, Indian Penal Code 1860 and the National Commission for
Women Act, 1990 to make them more stringent and effective.

 Facilitate redressal of grievances: NCW takes up the complaints of not just women residing
in India but also NRI women. The NCW registers and inquires the compliant. The further
measures include counseling in cases such as divorce. Uses resolution mechanism of
reconciliation and arbitration. In failure of all above steps, NCW helps women to fight legal
battle, by helping in getting Leal services. It works closely with state police and state
governments.

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 Advice the Government on all policy matters affecting women: It provides insight and
research inputs to help the government. It designs strategies like economic strengthening,
political empowerment through awareness. It also works for prevention of violence and
discrimination against women, helping disadvantaged, and protecting women through
favorable labor norms. Prevention of indecent representation of women in the media through
legal and social sanctions.

 Presentation of Reports: Table reports to the Central Government, every year, reports upon
the working of those safeguards.

Thus NCW is working in 360 degree approach. Its area of concern include from complaint and
counselling to legal and research. However it not without drawbacks, like
 The members are selected by central government without say of NCW. And also not
mandatory for experience infield of women
 The institution is dependent on central government for budgetary support. Thus lack of
financial automuy compromises on its autonomy
 The NCW has no legislative powers, it can advise on policy matters but the government is
not bound its recommendation.
 As court it can initiate investigation but can’t give awards and compensation to victims.
 NCW works at center level with ate commission for women at state levels. But at state level
they are not equipped with laws and provision to deal with complaints. Example, a
whopping 1900 cases are pending related to crimes against women in Rajasthan and state
commission is yet to give report on it, police has not explained status.

Critical Evaluation

 In the above example, the NCW chairperson, Rekha Sharma, expressed displeasure for lack of
response from state police with respect to pending and increasing cases by women .She said
more cases are against police atrocities and police apathy. This brings us to the question
Supreme Court put us before, “who will police the police?” .

It is also a known fact that during pandemic there has been increased cases of child marriage. When
confronted with parents of such child and interrogated, the parents told they knew it was illegal, but
went ahead. They claimed marriage provided a safety and security veil to their daughter, in the
absence of which they are vulnerable to abuse and rape. This is true for marginalized and
economically poor section.

Thus it is clear to say that women issue are enmeshed in deeper structural problems and governance
issue. Women issue are linked to governance issue of lack of socio-economic rights, security issues
related to lack of effective policing and judiciary system.

Thus NCW is not panacea to women problem, rather needs a coordinated approach.

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 Many have blamed NCW for being superficial. We have seen NCW issuing notices to actor
/celebrities on their derogatory remarks. But this has not yielded any change apart from a
public apology. Experts believe NCW must dwell on serious matters rather than dealing with
celebrity nonsense.
 Sadhana Arya, women journalist, in her article claims that willingness to interfere on behalf
of women is determined by interest of political actors in securing and maintaining power.
Thus she calls women issues as one of tools for gaining vote and power nothing more.
 During the pandemic lock down there is increase in no of domestic violence and child
marriage complaints. According to NCW data domestic violence complaints increased for an
average 3000 per year to 5500 in 2020. Thus pandemic which has put women at vulnerable
position, economically with loss of work has also increased risk of violence. Hence NCW needs
better strategies to deal with new challenges.

In spite of above disabilities and lacunas, the NCW has collaborated with various public and private
institution and have designed various platforms.

Example NCW with IIM Bangalore has come up with a collaborative online training programme to
support and sponsor digital learning for aspiring women entrepreneur

The NCW held consultation and seminar with MSME industry to help bussing women entrepreneurs

“We Think Digital” is an online programme on digital literacy collaboratively run by NCW, Facebook,
and Cyber Peace Foundation. It recently launched two program in Leh Ladakh.

NCW also collaborated with Airbnb to create livelihood opportunities for women in north eastern
states as a step towards their empowerment.

1.2 National Human Rights Commission (NHRC)

In India, The National Human Rights Commission or NHRC entity of the Government of India with the
mission of promoting and protecting human rights in India. It is a statutory body that was established
in 1993 under the ‘Protection of Human Rights Act’ (PHRA), PHRA defines Human Rights as the rights
relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or
embodied in the International Covenants and enforceable by courts in India.

Composition

The commission consist of chairperson and members. All are appointed by search and selection
committee. The search committee consist of,

 Prime Minister(Chairman)
 Speaker of Lok Sabha
 Union Home Minister
 Deputy Chairman of Rajya Sabha
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 Lade of opposition in both houses of parliament.

The chairman of commission is a retired chief justice of India. The other member include six ex-officio
members, they are chairperson of commission for SC, ST, OBC, Women, child rights protection and
Chief commissioner for person with disability. The other member belong to judicial field and person
with practical experience in mater of human rights.

Roles and Responsibilities

The functions of NHRC are explained above. It ranges from study / research to provide interim relief
to the victims.

 As investigation authority it can take up any issue either through complaint or Suo moto. But
only cases that has happened over year not older.
 Under the power vested through civil procedure act 1908, it can order investigation, enquiry
and grant relief.
 Visit jail and take stock of situation,
 Works in liaison with NGOs, state governments. It encourages NGOs other institution to work
in field of human rights.
 It also engages in human right awareness, educate the masses and make effective
recommendation.
 Undertakes studying OD international treaties, participates in forums o discussion on human
rights.

Drawbacks

 The recommendation of NHRC are not binding on government. Often central and state
government get away by giving reason for its not adherence to NHRC
 Violation of human rights by armed forces/military, does not fall under NHRC purview.
 Soli Sorabjee, former attorney General of India claims it as “Indian teasing illusion” , due to
its incapacity to render any practical relief to aggrieved party
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 Cannot investigate case older than a year

 The NHRC faces other issues like excess cases/complaints, insufficient funds, bureaucratic
functioning style.
 The NHRC doesn’t have complete financial autonomy.

It’s condemned as “mentally and physically disabled child of central government, It is weak
deficient and dependent”

Critical Issues related to Human Rights in India

India has been knows for controversial track record in protection of human rights. As the largest
chunk of population suffer with poverty hunger and malnutrition. The most significant human rights
issues included police and security force abuses, such as extrajudicial killings, disappearances,
torture, arbitrary arrest and detention, rape, harsh and life-threatening prison conditions, and
lengthy pretrial detention.

Torture and custodial deaths

On an average the occupancy of prisons in India is at rate of 117%. The living conditions are even
worse. Overcrowding, prolonged detention of under-trial prisoners, unsatisfactory living conditions,
lack of treatment programme and allegations of indifferent and even inhuman approach of prison
staff have repeatedly attracted the criticism from both domestic and international sides. This is
reason we have not signed many extradition with other countries. Example, UK not willing to
extradite Vijay Mallay, Nirav Modi. The countries deny to send their citizen/residents to India for trial,
ex Italian marine’s case.

Torture has become middle name for police. There is rise in police atrocities and back clash across
globe, example George Floyd case, and protest in Central American countries. In India during
pandemic lock down, we have seen incident of Toothukudi police custody death of father son on
violation of simple lockdown rules. The father son were brutally tortured and breathed their last in a
week. These incident make us question ourselves, do we really have human rights in India?? ? .

Black Law: India is one of few countries with democratic government setup has draconian laws like
Preventive Detention (UAPA, TADA), AFSPA (Armed Force Special Powers Act). These laws don’t
follow natural justice and due process and give more room for executive control. Sometimes, these
are used for personal and political gains thus defeating the original purpose of laws.

AFSPA: The law first implemented in north eastern state of Assam (Naga part). Currently the law is
in force on Assam, Nagaland, Manipur and Arunachal Pradesh. The law provides license to kill. It gives
enough power to military officer to search, seize, and destroy the places and people. The AFSPA is
kept outside the ambit of NHRC.

Many committees have been set up to evaluate the law. Notable are Jeevan Reddy, Santhosh Hegde
committee. Justice Jeevan Reddy committee suggested that

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 To establish grievance committee in disturbed areas.

 Cannot be implemented indefinitely
 Army should establish the DOs and DONTs to enforce the discipline
 And periodic review of the working and efficiency of the law.

National Politicians like P. Chidambaram have advocated revocation of AFSPA, while some
like Amarinder Singh are against its revocation.

Way Forward

There is need to completely revamp the NHRC to make it more effective and truly a watch dog of
human rights violation in India, some measure to follow up are

 Implementing the recommendation of NHRC by the government

 The NHRC members must also include civilians and social activist
 Independent cadre with appropriate experience
 Financial autonomy and security of tenure for the chairperson
 Many laws in India are archaic, need serious relook, example, the recent decriminalization of
homosexuality, abolition of adultery as a crime.

Along with these we need coordinate efforts from state society and individual to establish, ensure
and enjoy human rights.

1.3 National Commission for Protection of Child Rights (NCPCR)

In India, The National Commission for Protection of Child rights (NHRC), is a statutory body
established by the act of Parliament, Protection of Child Rights (CPCR) Act, 2005. It works under the
ministry of women and child development.

The aim of the institution is to ensure that all laws, policies, regulation and administrative orders are
in consonance with the child rights as enshrine in our constitution and in conformity with
international treaties on child rights. The child is one with age less than 18.

Composition

It consists of a Chairperson and six members. The chair person is an eminent person with outstanding
working experience in child rights and promoting child welfare. Of the other six members at least two
are women and all with experience in wide field like education, child care, juvenile justice, child
psychology and sociology. All are appointed by the central government.

Roles and Responsibilities

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The major functions include to review the laws and policies, to make them deemed fit for child
protection. Enquiry into violation of rights and take disciplinary measures against violations.

They undertake research on child needs and challenges in different parts of the country. Inspecting
the child care, schools, juvenile cares to take stock of situation, plays role in adding to child
curriculum.

Like many statutory bodies the commission suffers from state of being reduced to advisory role. It
lacks financial autonomy. The matters are often linked to law and order, education thus requires
broader consensus and participation of different players.

Critical Issues

The recent pandemic has aggravated the vulnerabilities of child care and education. According to
International Labour Organization (ILO)report, it is feared that if schools are not reopened and
situation doesn’t revive to normalcy, many children are at risk of falling into child labors, there is
increase in dropouts, increased risk of malnutrition and hunger as schools provide mid-day meals.

Nobel Laureate Kailash Satyarthi fears upsurge in child labour as pandemic shrivels economy. “The
biggest threat is that millions of children may fall back into slavery, trafficking, child labour, child
marriage,” said Mr. Satyarthi.

Apart from this, another important aspect is protection of children from sexual harassment and
sexual violence. The Nobel laureate on this has said, “The implementation of POCSO (Prevention of
Children from Sexual Offences) is pathetic”. The data agrees with the statement, as conviction arte
under the law is 4%, acquittal is 6%, and almost 90% is pending. Also education front, a meagre 3.5%
is spent while countries like Thailand, Vietnam, Brazil spends around 8-10%.

1.4 Lokpal and Lokayukta

Lokpal and Lokayukta are the anti-corruption body established by the historic act Lokpal and
Lokayukta Act 2013. The statutory body is apex body to look into the complaints regarding
corruption. The law was passed after India Against Corruption movement , led by Anna Hazare,
supported by Kiran Bedi ad Arvind Kejriwal created furor in country demanding setting up of
ombudsman. Finally parliament passed the law. It created the Lokpal authority at center and
Lokayukta at state level.

Composition

The statutory body Lokpal consist of chairperson and eight other members. Out of eight four are
judicial members. Rest four members must belong to Scheduled caste, schedule tribes, other
backward classes, women and minorities.

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The chairperson and members are appointed based on search and selection committee. The selection
committee consists of

 Prime minister (head)

 Chief justice of India
 Lok Sabha speaker
 Leader of opposition in lower house
 Eminent jurist recommended b president

Due to lack of leader of opposition in lower house, the appointment of Lokpal was delayed. Finally
Pinaki Ghose was appointed in March 2019.

Coverage of the Act Lokpal

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The act covers all the class employees of central government. Th employees both residing within
India and outside. The act is also applicable to office of Prime Minister, Ministers and member of
Parliaments.

Limitations

As shown above, the Lokpal act is criticized for many of its limitation like,

 Not giving constitutional status, it puts institution’s autonomy at risk

 The complaint against Prime Minister need 2/3rd approval from members, thus making it
difficult to start with
 The act is not applicable to judiciary, armed forces.
 Need state government will to enact Lokayukta act, which is not done in many states

Lokayukta

As explained, lokayukta are state equivalent to Lokpal. For this state government must enact and
establish Lokayukta office to deal with state government employees. But many states have not taken
initiative. Some States had already lokayukta office even before Lokpal bill. Thus different states are
at different level in dealing with corruption. Recently Supreme Court has directed the states to
appoint lokayukta.

Way Ahead

To make the office of Lokpal true to its name, many measure are still to be taken. Like financial
autonomy, availability of skilled man power, transparency and continuous evaluation and review
mechanism

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1.5 Central Information Commissioner (CIC)

The CIC was established by the Central Government in 2005, under the provisions of the Right to
Information Act. It is the authorized body to look into the RTI complaints, when the request for RTI
are not entertained or the officer not having been appointed, or the respective officer refused to
entertain the application under the Right to Information Act (RTI Act). It is not constitutional body
but statutory body. The similar office is created at state level.

RTI is essential tool for good governance as it helps to achieve accountability, transparency and rule
of law. This motto is channelized through the office of CIC.

Composition

The CIC is headed by Chief Information Commissioner, assisted by ten Information Commissioners.
Currently there are six Information Commissioner. The Chief Information Commissioner and an
Information Commissioner shall hold office for such term as prescribed by the Central Government,
before 2019 RTI Amendment, the tenure was five years.

The Chief Commissioners and Information commissioner are appointed by President, on

recommendation of search selection committee. The committee consist of,

 Prime Minister as Chairperson

 Leader of Opposition in the Lok Sabha
 Union Cabinet Minister nominated by the Prime Minister

The members are not eligible for re-appointment.

Roles and Responsibilities

The Commission has certain powers and functions mentioned in sections of the RTI Act, 2005.These
broadly categorized as follow,

 Adjudication in second appeal for giving information

 Suo moto disclosures receiving and enquiring into a complaint on inability to file RTI
 While enquiring, commission has power of civil court in respect of summoning, requiring
documents etc.
 Direction for record keeping
 Imposition of penalties and monitoring and reporting including preparation of an Annual
Report. The report is submitted to the central government

The decisions of the Commission are final and binding.

In 2019, the union government assed the amendment to RTI act that created stiff opposition by
citizen on grounds that the move is to dilute the RTI act.

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Right to Information (Amendment) Act, 2019

 It provided that the Chief Information Commissioner and an Information Commissioner (of
Centre as well as States) shall hold office for such term as prescribed by the Central
Government. Before this amendment, their term was fixed for 5 years.
 It provided that the salary, allowances and other service conditions of the Chief
Information Commissioner and an Information Commissioner (of Centre as well as States)
shall be such as prescribed by the Central Government.
Before this amendment, the salary, allowances and other service conditions of the Chief
Information Commissioner were similar to those of the Chief Election Commissioner and that of
an Information Commissioner were similar to those of an Election Commissioner (State Election
Commissioners in case of States).
 It removed the provisions regarding deductions in salary of the Chief Information
Commissioner, an Information Commissioner, the State Chief Information Commissioner and
a State Information Commissioner due to pension or any other retirement benefits received
by them for their previous government service.

The RTI (Amendment) Act, 2019 was criticized on grounds of diluting the law and giving more powers
to the central government.

Critical Issues and Way Ahead

Vacancy: Vacancies pending cases threaten to take wind out of the RTI sails as it turn 15

Recently a Parliamentary panel on RTI has expressed concern over large number of vacancies in the
post of Information commission in state commission and asked CIC to furnish the status. Pending in
appointment of these post Chief Information Commissioner (CIC), State Information Commissioner
(SIC) and Information Commissioner(IC) is biggest hurdle in efficacy of RTI. It directly leads to pending
in RTI requests thus defeating the very purpose of RTI.

Supreme Court time and again has intervened in the matter whenever there is petition seeking
answers. However lack of political will has been blamed for inactivity and faster appointment.

Often the chief information commissioner retire after just 2- 3 months in office. Government leaves
it vacant for a period. Only on two occasions in the past have Chief Information Commissioners been
appointed to ensure that the office did not remain vacant for even a day. Also regarding other
members, currently there are only six as against the approved ten .During 2014-15, the office of CIC
continued working for more than 9 months without chief Information commissioner.

Reluctance on information disclosure. Recently Puducherry government failed to give details on

covid expenses even after the CIC ordered. Hence need is to give more power to the office to make
RTI truly a right.

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1.6 National Green Tribunal (NGT)

The National Green Tribunal (NGT) establishes under the act National Green Tribunal Act 2010 is
specialized tribunal to deal with cases related to environment, forest and other natural resources.
India became third country after Australia, New Zealand to have a dedicated tribunal for environment
and green world.

New Delhi is the principal sitting of place of tribunal with other branches at Bhopal, Pune, Kolkata
and Chennai corresponding to five zones.

NGT is a quasi-judicial body exclusively deals with the environment related civil litigations. Before
NGT has evolved, there were two previous efforts to establish green courts in India. These were
National Environment Tribunal Act, of 1995 (NETA) and National Environment Appellate Authority
Act, of 1997 (NEAA). However, the most effective environment court in the form of NGT has come
into reality in 2010. After its establishment, NGT has settled many environmental issues and has got
overwhelm response from different corners

Need for NGT

It is well known fact that Indian judiciary is crumbling under the weight of pendency and delay. With
increasing laws and newer petition the problem is bound to increase if measures are not taken.
Amidst these challenges environmental cases were pushed to back burner.

Environmental cases stand different from civil or criminal cases. There is thin line that needs to be
traversed when you deal with natural resources and forests. The aim should be sustainable use of
these resources that sets nation on the path of development without risking environmental
destruction. Hence to solve these dilemmas we need the expert panelist, experienced worker in field
of environment along with judicial members. Thus NGT Act was passed in 2010. Since its inception
NGT has been in limelight both for its faster and effective justice delivery and also sometimes on
controversial and sensitive topics like fire crackers etc.

Composition

The NGT has a chairperson, judicial members and expert members. They are appointed for five year
term and not eligible for reappointment, NGT‘s maximum strength is twenty and minimum is ten.

Th chairperson is appointed by central government in consultation with chief justice of India. Other
members are appointed by central government by a selection committee.

Power and Jurisdiction

Recognizing that most environment cases involve multi-disciplinary issues which are better
addressed in a specialized forum, the Tribunal was setup as per recommendations of the Supreme
Court, Law Commission and India’s international law obligations to develop national laws on
environment and implement them effectively. Its power and jurisdiction include

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 The tribunal has jurisdiction over all civil cases that involve substantial question relating to
environment
 It has both original jurisdiction and appellate jurisdiction (appeal from tribunal)
 The tribunal is not bound by civil procedure code rather follows natural justice.
 Tribunal decision are guided by sustainable development
 It can impose penalty for environmental damage, property damage and noncompliance of set
norms
 The tribunal is mandated to dispose cases within six months of appeal. the appeal against the
order is done in Supreme Court and to be disposed within 90 days(In Chandra Kumar case,
the Supreme Court set that the appeal against tribunal decision can made in high court , but
in case of NGT the appeal is made in Supreme court , as this is mentioned in NGT Act).
 The NGT dals with seven environmental laws mainly,

The Water (Prevention and Control of Pollution) Act, 1974,

The Water (Prevention and Control of Pollution) Act, 1977,
The Forest (Conservation) Act, 1980,
The Air (Prevention and Control of Pollution) Act, 1981,
The Environment (Protection) Act, 1986,
The Public Liability Insurance Act, 1991 and
The Biological Diversity Act, 2002

Critical Evaluation
The time bound resolution of cases has been boon, looking at clogging of cases in court system. The
NGT has disposal case rate is at 60%. Due to rising complexities, the expert panel provides the clearer
insights into the matter. NGT with its effective work ethics has made the country to deal climate
concerns and be prepared to deal with impending climate emergency. The landmark decision include,

 The court directed government to collect fees forms the vehicles to pay in the Green Tax Fund
to be used in environmental restoration programs
 Environment clearance given to Pohang Iron and Steel Company (POSCO) a major iron and
steel company from South Korea, in Orissa was stopped
 Imparted many notable judgments on the litigations to coastal zone related cases.
 NGT ban on diesel vehicle in Delhi NCR region
 Penalizing Art of Living program on Yamuna river bed
 Ban on Plastic less than 50micrometer thickness
 Ban on crackers during Diwali in NCR region

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On the other side of the story, we have many challenges,

Easy Disposal: NGT adopting a new 4-D approach to dealing with cases – ‘dismiss, dispose, delegate
and de-reserve’, which appears to be a hugely regressive step taken in the fight for environmental
justice. The NGT has willy-nilly disposed cases, out rightly dismissing the cases.

Chairperson had declared that “no notices would be issued, and only cases which have an “important
question relating to environment and ecology” shall be dealt with by the Tribunal.

Committee Raj: more commonly approach by the NGT is constituting numerous external
committees to look into various aspects of cases, to oversee and monitor the compliance of
different environmental laws and rules. There are more than 90 committees set up at present. This
method of delegating all of its essential powers and functions to external committees, with similar
structure and composition as the Tribunal, gives the impression that the NGT is abrogating its own
jurisdiction on cases pertaining to environmental protection.

Overarching Decisions: Many a times NGT has given verdict beyond it constitutional limit and can
be categorized as judicial overreach. Example NGT ordered the authority in NCR to impose cess on
polluting diesel vehicle. The right to impose tax or cess is under parliament not judiciary thus it’s
blamed for its activism

Appeal in Supreme Court: in most of cases the NGT is not final, it just a step toward Supreme Court.
Thus its effectiveness in thwarting the cases is questioned.

To conclude NGT has its own challenges and success points to present in its short term as
environmental court of India. Experts believe going ahead NGT must be given power under two
more important laws concerning environment that include wildlife protection act and forest
dweller act. The number of regional branches must be expanded to reduce the cost.

After post liberalization Indian economy, NGT within its jurisdictions is checking the unabated drive
towards industrialization. Although, it is unlikely that NGT is a cure for all environmental problems,
but certainly it is going to provide a lead, in the new forms of environmental dispute resolution.
Therefore, it is expected that the NGT is certainly going to benefit Indian natural landscape to a
great extent.
Previous year Questions

1. Examine the role and objective of National Human Rights Commission (NHRC).
2. Discuss, in brief, the role of National Commission for Women. Do you think it is a toothless
organization?

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