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# Daily Answer Writing GS 2 (Constitutional & Quasi-judicial Bodies)
- URL: https://www.upscprep.com/daily-answer-writing-gs-2-constitutional-quasi-judicial-bodies/
- Published: 2025-07-01T17:10:35.000Z
- Updated: 2025-07-01T17:10:35.000Z
- Description: Take out your practice sheets and Answer the following Questions
- Author: UPSCprep.com
- Tags: UPSC Mains Daily Answer Writing

**Subject:** GS 2

**Syllabus:** Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies. Statutory, regulatory and various quasi-judicial bodies.

### **Questions**

1. Environmental protection is gaining currency in recent decades and the National Green Tribunal is mandated to play a vital role. Discuss the role and list the issues faced by it in fulfilling its mandate. (150 Words, 10 Marks)
2. Quasi-judicial bodies are important organs of governance. Explain their role and features. Also discuss the issues associated with them. (250 Words, 15 Marks)

### **Model Structure**

**1\. Environmental protection is gaining currency in recent decades and the National Green Tribunal is mandated to play a vital role. Discuss the role and list the issues faced by it in fulfilling its mandate.** (150 Words, 10 Marks)

**Model Structure**

**Introduction**

- National Green Tribunal is a **quasi-judicial body** dealing with matters related to the environment conservation and protection. It was established in **2010 under the National Green Tribunal Act** for enforcing laws related to the environment and to grant relief to persons in case of damage to the environment.

**Main Body**

- India became the third country to have a dedicated tribunal for environment related issues giving mandate to the National Green Tribunal like-
  - It has the **powers of civil court and is not bound by the Code of Civil Procedure** but follows principles of natural justice.
  - **Environmental clearances** for any activity or projects by the government come under the jurisdiction of National Green Tribunal.
  - Enforces **legal rights and rectifies any wrongdoing,** which includes aspects related to the environment.
  - **Dispose appeals and applications within 6 months** of filing and recommend policies for environment protection.
- But even with this mandate and few powers, it has not been able to function in an efficient manner due to reasons like-
  - The National Green Tribunal has many times invoked a **deadline clause** on the basis of technicality to dispose of petitions without any solution. This was done 11 times in 2020.
  - There is a **lack of expertise** and most of the appointments are from the judiciary rather than people with domain expertise.
  - Accessibility is another factor due to **less regional benches and environment exploitatio**n takes place in the length and breadth of the country.
  - **Vacancy** is another issue as since its creation, it has never worked in full capacity. This adds to **delays and pendency of cases**.
  - Many times the NGT has failed to fulfill merits based review criteria. This was pointed out by the Supreme Court in the Mopa airport case.

**Conclusion** 

- The **NGT has better track record than other courts** in concluding environment related cases but to achieve its full potential, the issues of vacancies and pendency needs to be addressed. Also, appointments must be from domain experts rather than generalists.

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**2\. Quasi-judicial bodies are important organs of governance. Explain their role and features. Also discuss the issues associated with them.** (250 Words, 15 Marks)

**Model Structure**

**Introduction:**

- **Quasi-judicial** bodies have functions similar to a court of law or a tribunal but they themselves are **not part of the judicial hierarchy**. Their powers are limited to specific areas of operation like administration, financial market, minorities etc.

**Main body:**

- They are **important in governance because**\-
  - These bodies do not follow conventional lengthy procedures of jurisprudence and thus make the **process simple to understand**.
  - **Lessen caseload on the judiciary** and help address the issue of case pendency.
  - Purpose of **justice upheld** as the public are hesitant to approach courts for want of time and money. But in the case of quasi-judicial bodies, **better access and affordable** justice make it easy for aggrieved citizens.
  - They are **manned by experts** rather than generalists thus making the process expeditious.
- Their **role and features include**\-
  - They are created for a specific purpose, making them **‘issue specific**’. Eg- Central Administrative Tribunal, National Human Rights Commission (NHRC), Election Commission etc.
  - Their **nature can be different**. For instance, the Finance Commission is a constitutional body, SEBI is a regulatory body and NHRC is a statutory body.
  - They can include subject experts also apart from judges allowing for **technical expertise**.
  - Their decisions are **subject to judicial review.**
  - They are **affordable, accessible** and more effective for the common man.
- **Issues** involved-
  - **Vacancies** are a major issue of these bodies which delays decision making.
  - **Pendency** of cases seen in tribunals is also due to the large volume of false cases.
  - Provision of making available **free legal aid** for weaker parties, not provided for like in NALSA, making the process disadvantageous.
  - **Independence** of these bodies is an issue as many appointments are at the sole discretion of the executive.
  - Most of the bodies **are recommendatory in nature** like NHRC and have no power to punish. They lack an enforcement mechanism and have no power to even enforce award compensation.

**Conclusion:**

- Formed to reduce the burden on the judiciary, they are now themselves subject to vacancies and a high case burden. It is time to bring in laws to allow **transparent appointment processes** and reduce vacancies which will expedite the disposal of cases.

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