Introduction
The National Green Tribunal (NGT) is a specialized judicial body established for the effective and expeditious disposal of cases relating to environmental protection, conservation of forests, and enforcement of legal rights relating to the environment.
It was established under the National Green Tribunal Act, 2010.
Constitutional and Legal Basis
- Enacted under Article 253 of the Constitution of India, which empowers Parliament to implement international environmental agreements.
- The NGT Act, 2010 came into force on 18 October 2010.
- It was created to provide a dedicated forum for environmental justice and reduce the burden on regular courts.
Objectives
- Ensure speedy environmental justice.
- Provide relief and compensation for environmental damage.
- Promote sustainable development.
- Apply the precautionary principle and polluter pays principle.
Composition
- Headed by a Chairperson (a retired Judge of the Supreme Court or Chief Justice of a High Court).
- Judicial Members.
- Expert Members with expertise in environmental science, forestry, ecology, or related fields.
The combination of judicial and technical expertise distinguishes the NGT from conventional courts.
Jurisdiction
The NGT has jurisdiction over civil cases involving substantial questions relating to the environment arising from the implementation of specific environmental laws, including:
- Water (Prevention and Control of Pollution) Act, 1974
- Air (Prevention and Control of Pollution) Act, 1981
- Environment (Protection) Act, 1986
- Forest (Conservation) Act, 1980
- Biological Diversity Act, 2002
It does not deal with matters under the Wildlife Protection Act, 1972 and Indian Forest Act, 1927 unless connected with the above laws.
Powers
- Can grant relief and compensation to victims of pollution and environmental damage.
- Can order restitution of damaged environment.
- Can impose penalties for non-compliance.
- Not bound by the Code of Civil Procedure; guided by principles of natural justice.
Appeals against NGT decisions lie directly to the Supreme Court within 90 days.
Principles Applied
The NGT is mandated to apply:
- Sustainable Development
- Precautionary Principle
- Polluter Pays Principle
These principles are embedded in Indian environmental jurisprudence.
Benches
- Principal Bench: New Delhi
- Zonal Benches: Pune (Western Zone), Bhopal (Central Zone), Chennai (Southern Zone), Kolkata (Eastern Zone)
Circuit benches are also constituted as required.
Significance
- Provides a specialized and time-bound mechanism for environmental dispute resolution.
- Strengthens environmental governance and accountability.
- Enhances access to environmental justice.
- Plays a proactive role in addressing pollution, illegal mining, deforestation, and ecological degradation.
Limitations
- Implementation of its orders depends on executive agencies.
- Subject to appeals before the Supreme Court.
- Resource and staffing constraints at times.
Conclusion
The National Green Tribunal represents a major institutional innovation in India’s environmental governance framework. By combining judicial authority with technical expertise, it serves as a crucial mechanism for enforcing environmental laws and advancing sustainable development objectives.
