The Supreme Court of India interpreted Article 21, guaranteeing the fundamental right to individual liberty, to include the right to a wholesome environment. This groundbreaking interpretation, equating the right to a clean environment with the right to life, led to the creation of impactful laws for effective environmental compliance and enforcement. The Supreme Court, exercising its power under Article 142 of the Constitution, established the Compensatory Afforestation Management and Planning Authority (CAMPA), exemplifying environmental activism.
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Evolution of Green Courts in India
The shortcomings of the executive in addressing environmental pressures resulting from changes in the country’s economic policies shifted the responsibility of environmental protection to the judiciary. In India, the judiciary, in some instances, not only interpreted the law but also assumed the role of constant monitoring and implementation through a series of public interest litigations (PILs) initiated in various courts.
A major outcome of this evolution was the establishment of the National Green Tribunal (NGT) through an act on October 8, 2010, under the National Green Tribunal Act 2010. The NGT was created for the effective and expeditious disposal of cases related to environmental protection, conservation of forests, and other natural resources, including the enforcement of legal rights related to the environment. The NGT, as a specialized body, possesses the necessary expertise to handle environmental disputes involving multidisciplinary issues. It is not bound by the procedures of the Code of Civil Procedure, 1908, but is guided by principles of natural justice.
The tribunal’s dedicated jurisdiction in environmental matters aims to provide swift environmental justice and alleviate the burden of litigation in higher courts. The NGT is mandated to endeavor to dispose of applications or appeals finally within six months of filing. Initially set up at five locations, including New Delhi (the principal place of sitting), Bhopal, Pune, Kolkata, and Chennai, the NGT follows a circuit procedure to enhance accessibility.
The NGT has played a significant role in recent environmental issues, such as cultural events on the Yamuna floodplains, the banning of ten-year-old diesel vehicles in Delhi, and the cancellation of mining licenses in Odisha. These cases underscore the importance of green courts in a country like India.
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