"Supreme Court overturns NGT order on Yamuna floodplain damage liability"
Public Trust Doctrine
State holds natural resources (rivers, floodplains) in trust for the public; cannot alienate them for private use.
Precautionary Principle
Protective action must be taken against environmental threats even without full scientific certainty of harm.
India's environmental legal framework rests on a constitutional foundation built in 1976. The Constitution (Forty-Second Amendment) Act, 1976 inserted Article 48A as a Directive Principle of State Policy and Article 51A(g) as a Fundamental Duty. Article 48A directs the State to protect and improve the environment. Article 51A(g) makes it every citizen's duty to do the same. These provisions drew directly from India's commitments at the UN Conference on Human Environment, Stockholm. Though non-justiciable in isolation, they became interpretive anchors for the Supreme Court to read a right to a clean environment into Article 21 (right to life).
The National Green Tribunal (NGT), established under the National Green Tribunal Act, 2010, was created as a specialised adjudicatory body for environmental disputes. It was designed to provide fast, expert-driven justice and reduce the burden on higher courts. However, the NGT's relationship with the Supreme Court has always been hierarchical: the Supreme Court retains appellate jurisdiction over NGT orders, and this case is a clear exercise of that supervisory role.
Four doctrines form the backbone of India's environmental jurisprudence. The precautionary principle holds that where there is a threat of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason to postpone protective measures. It was authoritatively applied in Vellore Citizens' Welfare Forum vs Union of India. The polluter pays principle holds that the party responsible for pollution must bear the cost of remediation. The public trust doctrine, drawn from M.C. Mehta vs Kamal Nath (the Span Motel case), holds that natural resources such as rivers, forests, and floodplains are held in trust by the State for the public and cannot be alienated for private use. The doctrine of absolute liability, evolved after the Bhopal gas tragedy, makes enterprises engaged in inherently dangerous activities strictly liable without exceptions. …
How is the National Green Tribunal (NGT) different from the Central Pollution Control Board (CPCB) ?
1.The NGT has been established by an Act whereas the CPCB has been created by an executive order of the Government.
2.The NGT provides environmental justice and helps reduce the burden of litigation in the higher courts whereas the CPCB promotes cleanliness of streams and wells, and aims to improve the quality of air in the country.
Which of the statements given above is/are correct?
Consider the following statements:
1.Animal Welfare Board of India is established under the Environment (Protection) Act, 1986.
2.National Tiger Conservation Authority is a statutory body.
3.National Ganga River Basin Authority is chaired by the Prime Minister.
Which of the statements given above is/are correct?
Which of the following correctly describes the 'public trust doctrine' as applied in Indian environmental law?
Consider the following statements about the National Green Tribunal (NGT):
1.The NGT was established by an Act of Parliament, not by an executive order.
2.The NGT has jurisdiction over all environmental disputes in India, including those not covered by any scheduled environmental statute.
3.Orders of the NGT are subject to appellate review by the Supreme Court of India.
Which of the statements given above is/are correct?
Which of the following constitutional provisions, inserted by the Constitution (Forty-Second Amendment) Act, 1976, directly relate to environmental protection?
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