National Green Tribunal

The National Green Tribunal (NGT) is a dedicated court for environmental issues, established in India in 2010. It aims to protect the environment and conserve forests and natural resources. With its primary bench in New Delhi and branches in four other cities, it handles cases related to environmental disputes quickly and effectively. However, there are concerns over the NGT’s limited jurisdiction, opaque recruitment process, resource deficiencies, and need for better enforcement of its orders. In this article, you will know about meaning and definition of National Green Tribunal, its power, composition, jurisdiction, procedure etc. To explore more interesting UPSC Economy topics like National Green Tribunal, check out other articles and IAS Notes of IASToppers.   

Table of Content

• What is National Green Tribunal?
• Objectives of National Green Tribunal
• Evolution and History of National Green Tribunal
• Composition of National Green Tribunal
• Methodology of National Green Tribunal
• Powers of National Green Tribunal
• Benefits of National Green Tribunal
• Important Judgements and cases related to National Green Tribunal
• Challenges faced by National Green Tribunal
• Conclusion
• FAQs on National Green Tribunal

What is National Green Tribunal?

• The National Green Tribunal came into existence in 2010 through the enactment of the National Green Tribunal Act, 2010.
• The overall objective of National Green Tribunal is to deal with cases related to environmental protection and conservation of forests and other natural resources.
• It draws inspiration from Part III of the Constitution of India, Article 21 Protection of life and personal liberty, which assures the citizens of India the right to a healthy environment.
• The primary bench of the Tribunal is in New Delhi.
• Additionally, the Tribunal operates in four other cities: Bhopal, Pune, Kolkata, and Chennai. It can also set up temporary benches as needed.

Objectives of National Green Tribunal

• Effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
• Handle environmental disputes involving multi-disciplinary issues.
• Provide speedy environmental justice and help reduce the burden of litigation in the higher courts.
• Make and endeavour for disposal of applications or appeals finally within 6 months of filing of the same.

Evolution and History of National Green Tribunal

• Back in 1986, India’s Chief Justice suggested that the government should set up local environmental courts.
  • He thought these courts, with a trained judge and experts in environmental sciences, should deal with cases regarding environmental pollution and conflicts over natural resources.
• Earlier, the Parliament had enacted laws for the creation of the National Environment Tribunal in 1995 and the National Environment Appellate Authority in 1997.
  • The Authority was meant to serve as a place for people to contest environmental approvals, and the Tribunal was to grant small compensations in cases of environmental harm to life or property.
• Many believed these initiatives were not sufficient in authority, effectiveness, or independence. It became evident that enforcing and protecting environmental laws needed a specialized body.
• The ability to focus more time on these issues was also seen as a benefit since the tribunal could operate in various states, making it more accessible.
• In 1999, in A.P. Pollution Control Board vs M.V. Nayudu, the Supreme Court reinforced this idea, stressing the necessity for a court that combines legal and technical knowledge.
• As a result, the National Green Tribunal was established on October 18, 2010, under the National Green Tribunal Act, 2010 to efficiently and swiftly handle cases regarding environmental protection and conservation of forests and natural resources.

Composition of National Green Tribunal

• Chairperson of National Green Tribunal is Retired Judge of the Supreme Court.
• Other Judicial members are retired Judges of High Courts.
• Each bench of the NGT will comprise at least one Judicial Member and one Expert Member.
• Expert members should have a professional qualification and a minimum of 15 years’ experience in the field of environment/forest conservation and related subjects.

Methodology of National Green Tribunal

• The National Green Tribunal Act, 2010 under Section 19 gives the Tribunal power to regulate its own procedure.
• The Tribunal is not bound by procedure under the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872 and is guided by principles of natural justice.
• It is also not bound by the rules of evidence as enshrined in the Indian Evidence Act, 1872.
• However, the Tribunal is vested with the powers of a civil court under the Code of Civil Procedure for discharging its functions.
• It enforces any legal right relating to environment and orders relief and compensation for damages to persons and property.
• It is mandated to make disposal of applications within 6 months of the filing of the same.
• The Tribunal has powers to review its own decisions. If not satisfied, an appeal can be made to the Supreme Court within 90 days.

Powers of National Green Tribunal

• The NGT has the power to hear all civil cases relating to environmental issues and questions that are linked to the implementation of laws listed in Schedule I of the NGT Act.
  • These include the following:
• The Water (Prevention and Control of Pollution) Act, 1974
• The Water (Prevention and Control of Pollution) Cess 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
• The Biological Diversity Act, 2002
  • However, the NGT has not been vested with powers to hear any matter relating to:
• Wildlife (Protection) Act, 1972
• The Indian Forest Act, 1927 and various laws enacted by States relating to forests, tree preservation etc.

Benefits of National Green Tribunal

Below are some of the advantages of National Green Tribunal:

• Guardian of Forests and Environment: NGT has played a pivotal role in safeguarding large areas of forests and putting a stop to construction activities that cause pollution in cities and towns.
• Enforcer of Legal Consequences: By strictly implementing the “polluter pays” principle, it has made officials and large corporations accountable for neglecting environmental laws.
• Defender of Tribal Rights: NGT has stood up for the rights of tribal communities, ensuring their protection against environmental degradation.

Important Judgements and cases related to National Green Tribunal

• Betty C. Alvares vs. State of Goa: A foreign national reported an unauthorized construction activity in Goa. Her legal standing was disputed based on her non-citizen status and supposed legal time limits. Despite these objections, the National Green Tribunal (NGT) supported her right to file the petition and allowed the case to proceed.
• Almitra H. Patel vs. Union of India: Mrs. Amrita Patel demanded changes in the handling and disposal of solid waste in India through a Public Interest Litigation (PIL). The tribunal recognized the issue as a significant national problem due to the unmanaged dumping of massive quantities of waste on city outskirts.
• Save Mon Region Federation vs. Union of India:  A plea challenging the environmental approval for a hydro project was submitted by the Save Mon Region Federation. The site of the project is a winter habitat for Black-necked Crane. The tribunal suspended approval and called for a thorough review of its potential impact.
• Art of Living Case on Yamuna Floodplain:  The Art of Living Foundation (AoL) was accused of causing significant ecological damage to the Yamuna floodplains during a three-day festival. The foundation had been granted permission for the event with the understanding they would restore the area afterward. Post-event, the NGT observed serious pollution. The tribunal imposed a fine of 5 crores on AoL for the damage.
• Srinagar Bandh Aapda Sangharsh Samiti vs. Alaknanda Hydro Power Co. Ltd: NGT applied the ‘polluter pays’ principle in a case where a private entity caused environmental damage. Instead of focusing on the organizers’ right to hold an event, the tribunal concentrated on addressing the pollution caused and rectifying it under the law.

Challenges faced by National Green Tribunal

• Conflict Between Government and NGT: There have been continual disputes between the government and NGT regarding the tribunal’s verdicts, leading to a clash of interests. Instances include the NGT overstepping its bounds or disputes such as the sand mining ban in Goa. The government argues that the NGT doesn’t hold a legal mandate and shouldn’t initiate actions on specific environmental matters.
• Opaque Recruitment Process: There is an increasing call for transparency in NGT’s recruitment procedures. Critics suggest that the selection method should be open for scrutiny by academics, scholars, and NGOs. By making the hiring process public, all ambiguities can be eliminated.
• Members Shortages: The tribunal is facing staff shortages. There is a pressing need to fill these vacancies to ensure efficient dispute resolution and maintain tribunal accountability.
• Ambiguity in Time Limitation Clause: The time limitation clause in Section 14(3) of the NGT Act, 2010 requires reconsideration. It states that environmental protection complaints should be filed within six months of the cause of action. However, this doesn’t account for long-term environmental damage effects, such as those from radioactive substances.
• Limited Jurisdiction: At present, the tribunal can only address violations regarding a few acts, leaving out key ones like the Wildlife Protection Act, 1972 and the Indian Forest Act, 1927. Stakeholders are advocating for a wider tribunal jurisdiction.
• Resource Deficiency: The NGT has been grappling with a shortage of resources, which hampers speedy dispute resolution. There is an urgent requirement for a detailed legal structure for interpreting various environmental protection acts. Old acts need to be reviewed and modernized.
• Enforcement of Tribunal Orders: Several instances show non-compliance with tribunal directives due to institutionalization deficiency, such as the ban on polythene bags and various construction activities. A system needs to be developed to ensure the tribunal’s orders are followed, thus enhancing its accountability.
• Focus Shift Required: NGT needs to concentrate more on deciding cases and less on governance and administrative aspects.
• Urgent Need for Expansion: There is a pressing need for NGT to grow its benches and fill vacancies at a faster pace to effectively carry out its duties.

Conclusion

Despite the challenges it faces, the NGT has shown its significance in enforcing environmental laws and protecting India’s natural resources. For the Indian government, it’s crucial to address the NGT’s resource and personnel shortages, enhance its jurisdiction, and ensure stricter compliance with its orders. Prioritizing these actions will allow the NGT to function more effectively, ensuring a greener, healthier future for India.

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FAQs (Frequently Asked Questions)