Introduction
Environmental protection has emerged as one of the most pressing challenges of the 21st century. With increasing industrialization, urbanization, and exploitation of natural resources, the environment has suffered unprecedented damage. Recognizing that environmental degradation directly affects human health, biodiversity, and the right to life, India took a bold step by establishing a specialized judicial body — the National Green Tribunal (NGT) — in 2010.
The NGT represents a unique blend of judicial efficiency and environmental expertise, ensuring that justice is delivered swiftly and effectively in matters concerning the environment. It serves as a guardian of India’s natural heritage and plays a crucial role in enforcing the principle of sustainable development.
Genesis and Background
The establishment of the NGT was a response to the growing complexity of environmental disputes and the limitations of conventional courts in handling them. Before its creation, environmental cases were often delayed due to the technical nature of evidence and the slow judicial process.
To address this, India enacted the National Green Tribunal Act, 2010, which came into effect on October 18, 2010. The Act aimed to provide for the effective and expeditious disposal of cases relating to environmental protection, conservation of forests, and enforcement of any legal right relating to the environment.
The idea of a specialized environmental court was first recommended by the Supreme Court of India in several landmark cases, including M.C. Mehta v. Union of India, where the Court observed the need for an expert body to handle environmental disputes.
Constitutional and Legal Foundation
The NGT derives its authority from the constitutional commitment to protect and improve the environment, as laid out in:
-
Article 21: Guarantees the Right to Life, which the Supreme Court has interpreted to include the right to a clean and healthy environment.
-
Article 48A (Directive Principles of State Policy): Directs the State to protect and improve the environment and safeguard forests and wildlife.
-
Article 51A(g): Imposes a fundamental duty on citizens to protect the natural environment.
The NGT Act, 2010, provides the statutory framework for the Tribunal’s functioning, ensuring that environmental justice becomes accessible, affordable, and time-bound.
Structure and Composition of the NGT
The National Green Tribunal is a quasi-judicial body headquartered in New Delhi, with zonal benches in Bhopal, Pune, Kolkata, and Chennai to ensure nationwide reach.
Composition:
-
Chairperson: A retired judge of the Supreme Court or Chief Justice of a High Court.
-
Judicial Members: Retired judges of High Courts.
-
Expert Members: Professionals with expertise in environmental science, forestry, ecology, or related fields.
This unique combination ensures that judgments are not only legally sound but also scientifically informed.
Jurisdiction and Powers
The NGT has wide jurisdiction covering both original and appellate matters.
1. Original Jurisdiction:
It hears civil cases where a substantial question relating to the environment arises, and those cases are connected to the following laws:
-
The Water (Prevention and Control of Pollution) Act, 1974
-
The Air (Prevention and Control of Pollution) Act, 1981
-
The Environment (Protection) Act, 1986
-
The Forest (Conservation) Act, 1980
-
The Biological Diversity Act, 2002
2. Appellate Jurisdiction:
It also hears appeals against orders passed by authorities under the above Acts.
3. Powers:
-
It has powers similar to a civil court under the Code of Civil Procedure, 1908.
-
It can summon witnesses, demand documents, and issue injunctions.
-
It can grant relief, compensation, and restitution of the environment.
-
Its decisions are binding and can only be challenged before the Supreme Court of India within 90 days.
Principles Governing the NGT
The NGT functions on three internationally recognized environmental law principles:
-
Polluter Pays Principle:
Those who pollute the environment must bear the cost of managing and remedying the damage caused. -
Precautionary Principle:
Preventive action must be taken to avoid environmental harm, even when scientific certainty is lacking. -
Sustainable Development:
Economic growth must occur in harmony with environmental protection to meet the needs of present and future generations.
By applying these principles, the Tribunal ensures that environmental protection and development go hand in hand.
Role and Achievements of NGT
Since its inception, the NGT has played a transformative role in shaping India’s environmental jurisprudence. It has addressed numerous cases concerning air and water pollution, illegal mining, waste management, and deforestation.
1. Ensuring Accountability
The Tribunal has made industries and government bodies accountable for violating environmental norms. By imposing fines and compensation, it has reinforced that environmental negligence comes at a cost.
2. Speedy Justice
Unlike traditional courts, which often take years to resolve cases, the NGT is mandated to deliver judgments within six months, ensuring timely redressal.
3. Access to Justice
The NGT provides an accessible platform for citizens, NGOs, and affected communities to voice environmental concerns without excessive procedural hurdles.
4. Promoting Environmental Awareness
Through its proactive orders and detailed judgments, the Tribunal has increased public awareness about environmental issues, emphasizing the importance of compliance with environmental laws.
5. Landmark Judgments
The NGT has delivered several significant judgments that have reshaped environmental governance in India. Some notable examples include:
-
Sterlite Copper Plant Case (2018):
The NGT upheld the closure of the Sterlite copper plant in Tamil Nadu due to violations of environmental norms, highlighting the principle that industrial development cannot come at the cost of public health. -
Yamuna Floodplain Case:
The Tribunal imposed fines on the Art of Living Foundation for damaging the Yamuna floodplain during a cultural event, reinforcing the principle of environmental accountability. -
Sand Mining Regulation:
The NGT has issued strict guidelines to control illegal sand mining, which causes severe ecological damage to rivers. -
Waste Management and Air Pollution Cases (Delhi NCR):
The Tribunal has been instrumental in monitoring air pollution control measures, solid waste management, and the implementation of clean fuel policies in Delhi and surrounding regions.
NGT and the Promotion of Sustainable Development
The Tribunal has been pivotal in promoting the concept of sustainable development, balancing economic growth with ecological preservation. For instance:
-
It has mandated Environmental Impact Assessments (EIA) for industries and infrastructure projects.
-
It has advocated for renewable energy adoption and green urban planning.
-
It continuously monitors compliance with environmental standards in major projects like highways, dams, and mining operations.
By enforcing environmental accountability, the NGT ensures that future generations inherit a planet capable of sustaining life and development.
Challenges Faced by the NGT
Despite its achievements, the National Green Tribunal faces several challenges that limit its effectiveness:
1. Limited Jurisdiction
The NGT cannot adjudicate matters related to wildlife protection under the Wildlife Protection Act, 1972 or the Indian Forest Act, 1927, despite their environmental relevance.
2. Enforcement Difficulties
While the NGT can issue orders and penalties, enforcing its directions often depends on state authorities, who may lack willpower or resources.
3. Inadequate Infrastructure
Shortage of benches, limited staff, and high case volumes slow down proceedings.
4. Lack of Awareness
Many citizens, especially in rural areas, are unaware of the NGT’s role and how to approach it for redressal.
5. Industrial and Political Pressure
Large corporations and vested interests sometimes challenge NGT’s orders in higher courts, leading to delays in implementation.
Judicial Review and Supreme Court Oversight
The Supreme Court of India has consistently supported the role of the NGT but has also reviewed and refined its functioning. In Bhopal Gas Peedith Mahila Udyog Sangathan v. Union of India (2012), the Supreme Court emphasized the need for specialized environmental courts like the NGT to ensure expert handling of cases.
However, the Court has also observed that the NGT must operate within its statutory limits and avoid overstepping its jurisdiction.
Impact on Environmental Governance
The NGT has become a critical pillar of environmental governance in India. Its interventions have compelled both government and industry to adhere to environmental norms and adopt cleaner, greener technologies.
Moreover, it has helped translate judicial principles into practical enforcement, bridging the gap between environmental policy and implementation. Through its consistent monitoring and proactive stance, the NGT has instilled a sense of accountability among polluters and policymakers alike.
The Way Forward
To strengthen the NGT and enhance its effectiveness, several steps can be taken:
-
Expand Jurisdiction:
Include wildlife, forest rights, and climate change matters under its purview. -
Strengthen Implementation Mechanisms:
Create coordination cells with state governments and pollution control boards for quick enforcement. -
Increase Resources:
Set up more regional benches, appoint more expert members, and enhance digital case management systems. -
Public Awareness and Education:
Conduct awareness programs to encourage public participation in environmental justice. -
Integration with Climate Policy:
The NGT should play an active role in monitoring India’s climate commitments and carbon reduction goals under international agreements like the Paris Accord.
Conclusion
The National Green Tribunal stands as a beacon of hope in India’s environmental justice system. It bridges the gap between legal principles and environmental protection, ensuring that the constitutional promise of a clean and healthy environment becomes a lived reality for citizens.
Despite challenges, the NGT’s contributions are monumental — it has given the environment a voice in the courtroom and empowered ordinary citizens to hold powerful entities accountable.
In an era of climate change and ecological crisis, the role of the NGT is more vital than ever. Strengthening this institution will not only safeguard India’s natural resources but also secure the health, dignity, and future of generations to come.
Also Read:
Rights of undertrial prisoners in India
How To Send A Legal Notice In India
