National Green Tribunal

Table of Contents

Context: The National Green Tribunal (NGT) received 15,132 new cases and disposed of 16,042 cases from July 2018 to July 2023.

About the National Green Tribunal (NGT)

Establishment	NGT was established in 2010 under the National Green Tribunal Act, 2010 as a specialized judicial body for adjudicating environmental cases in the country. It was formed by replacing the National Environment Appellate Authority. India is the third country in the world after Australia and New Zealand, to setup a specialized environmental tribunal and also the first developing country to do so.
Inspiration from Article 21	NGT also draws inspiration from Article 21 of the India Constitution which assures to provide a healthy environment to the citizens of India. Article 21 (Protection of Life and Personal Liberty): No person shall be deprived of his life or personal liberty except according to procedure established by law. This fundamental right is available to every person, citizens and foreigners alike. The right to life and personal liberty has been interpreted widely to include the right to livelihood, health, education, environment and all those matters that contributed to life with dignity.
Objectives	Effective and expeditious disposal of cases that are related to the protection and conservation of the environment, forests, and other natural resources. To give relief and compensations for any damages caused to persons and properties. To handle various environmental disputes that involve multi-disciplinary issues.
Composition of NGT	The Tribunal is headed by the Chairperson who sits in the Principal Bench and has at least ten but not more than twenty judicial members and at least ten but not more than twenty expert members. All these members are required to hold the office for five years and are not eligible for reappointment. The Chairperson of the National Green Tribunal (NGT) is appointed by the Central Government of India in accordance with the Chief Justice of India. A Selection Committee is formed by the central government of India for the appointment of Judicial Members and Expert Members
Structure	The Tribunal has a presence in five zones- North, Central, East, South and West. The Principal Bench is situated in the North Zone, headquartered in Delhi. The Central zone bench is situated in Bhopal, East zone in Kolkata, South zone in Chennai and West zone in Pune.
Powers and Jurisdiction	Adjudicatory Powers: The NGT has the power to hear and adjudicate cases related to environmental disputes, including those related to air and water pollution, environmental clearances, biodiversity conservation, and forest conservation. Enforcement Powers: The NGT has the power to enforce its orders and decisions, and it can issue directions and take actions against individuals or entities that violate environmental laws or cause environmental damage. Regulatory Powers: The NGT has the power to regulate activities that have an impact on the environment, including industries, mining, and construction projects. Review and Appeals: The NGT has the power to review its own decisions, and its decisions can also be appealed in the Supreme Court of India. Expertise: The NGT has the power to seek the assistance of experts in various fields, including environmental science, to help it make informed decisions. Civil and Criminal Jurisdiction: The NGT has both civil and criminal jurisdiction, and it can impose fines and penalties on those found guilty of environmental offenses. The decisions of the Tribunal are binding and the Tribunal’s orders are enforceable as the powers vested are the same as in a civil court under the Code of Civil Procedure, 1908.

Success of National Green Tribunal

Since its inception, the NGT has, apart from creating a new breed of legal practitioners, protected vast acres of forest land, halted polluting construction activities in metros and smaller towns.
It has taken strict action against negligent officials who have neglected their duty to enforce laws and held accountable major corporate entities.
It has safeguarded the rights of indigenous communities and ensured the full implementation of the “polluter pays” principle.
Important Orders Given by NGT:
- Ban on 10-year-old diesel vehicles: In 2015, the NGT banned all diesel vehicles over 10 years old in Delhi to address the issue of air pollution.
- Closure of industries around Bellandur Lake: In 2018, the NGT ordered the closure of industries around Bellandur Lake in Bangalore, citing pollution of the lake and violation of environmental laws.
- Closure of Sterlite copper plant: In 2018, the NGT upheld the Tamil Nadu Pollution Control Board’s order to close the Sterlite copper plant in Thoothukudi, citing pollution and violation of environmental norms.
- Compensation for victims of oil spills: In 2019, the NGT ordered a compensation of Rs. 25 crores to be paid to victims of an oil spill in Tamil Nadu, caused by a collision between two ships.
Some Important Judgements by NGT:
- Goa mining case: In this case, the NGT ordered a ban on mining activities in Goa, citing violation of environmental laws and damage to the local ecology.
- Ganga pollution case: In this case, the NGT directed the Central Pollution Control Board and the state pollution control boards to take immediate steps to control pollution in the river Ganga.
- Vizhinjam International Seaport Limited case: In this case, the NGT directed the Vizhinjam International Seaport Limited in Kerala to obtain all necessary environmental clearances before proceeding with the construction of a new port.

Criticism of National Green Tribunal

Delay in Justice: Despite being established to expedite the disposal of cases related to the environment, the NGT has faced criticism for delays in delivering judgments. The backlog of cases has been piling up, and it takes years for the tribunal to resolve them.
Lack of Independence: Some critics argue that the NGT lacks independence from the government, which undermines its effectiveness as an independent judicial body. The tribunal is headed by a chairman, who is appointed by the central government, and there have been allegations of political interference in the appointment of NGT members.
Limited Scope: The NGT’s jurisdiction is limited to certain environmental issues, and it cannot address broader issues related to development and sustainability. This limitation has been criticized for hindering the NGT’s effectiveness in protecting the environment.
Inadequate Infrastructure: The NGT has faced criticism for inadequate infrastructure, including lack of proper courtrooms, staff, and resources. This has resulted in delays and poor functioning of the tribunal.
Limited Reach: The NGT’s reach is limited to only a few major cities in India, which means that people in rural areas may not have access to the tribunal. This limits the NGT’s effectiveness in protecting the environment across the country.

Way Forward

Expansion of Regional Benches: The NGT should considerably increase the number of regional benches, preferably located in areas with abundant forest cover or significant mineral deposits.
System of Larger Bench in NGT: Provision for appeals against NGT orders should be made before a larger bench of the Tribunal, prior to approaching the Supreme Court or High Court.
Addressing Administrative Inadequacy: Immediate action is required to fill the vacancies in the NGT, ensuring efficient functioning of the tribunal.
Collaborative Approach: The central and state governments should foster a collaborative approach with the NGT, striking a balance between environmental concerns and economic considerations.