- The National Green Tribunal (NGT) is a specialized institution created under the National Green Tribunal Act (2010) to ensure the effective and prompt resolution of cases about environmental protection and the conservation of forests and other natural resources.
- With the establishment of the NGT, India became the third country globally to institute a dedicated environmental tribunal, following Australia and New Zealand.
- Additionally, it marked the pioneering initiative of a developing country in this regard.
- The NGT is entrusted with the responsibility of conclusively resolving applications or appeals within six months of their filing.
- It operates across five locations, with New Delhi serving as the principal venue, and Bhopal, Pune, Kolkata, and Chennai as the other four.
STRUCTURE OF NGT
- The structure of the National Green Tribunal (NGT) consists of the Chairperson, along with both Judicial Members and Expert Members.
- Their tenure extends for a term of three years or until reaching the age of sixty-five, whichever comes earlier, and they are ineligible for reappointment.
- The appointment of the Chairperson is made by the Central Government in consultation with the Chief Justice of India (CJI).
- Furthermore, a Selection Committee, appointed by the central government, is responsible for the appointment of Judicial Members and Expert Members.
- The tribunal is mandated to have a minimum of 10 and a maximum of 20 full-time members, comprising both Judicial and Expert Members.
POWERS AND JURISDICTION OF NGT
- The National Green Tribunal (NGT) holds jurisdiction over all civil cases that involve substantial questions related to the environment, including the enforcement of legal rights concerning the environment.
- In October 2021, the Supreme Court affirmed the unique position of NGT, granting it suo motu powers to address environmental issues across the country.
- The NGT’s role is not limited to adjudication but also encompasses preventative, ameliorative, or remedial functions, according to the Supreme Court.
- It operates as a statutory adjudicatory body, having both original and appellate jurisdiction.
- While it is not bound by the procedures laid down in the Code of Civil Procedure 1908, it follows the principles of natural justice.
Key Powers and Functions:
- Principles of Decision-Making:
- Applies principles of sustainable development, the precautionary principle, and the polluter pays principle in its decisions.
- Relief and Compensation:
- Can provide relief and compensation to victims of pollution and environmental damage, including accidents involving hazardous substances.
- Authorizes restitution of damaged property and restoration of the environment in specific areas.
- Execution of Orders:
- Orders, decisions, and awards issued by the NGT are executable as decrees of a civil court.
- Penalties for Non-Compliance:
- Prescribes penalties for non-compliance, including imprisonment up to three years, fines up to ten crore rupees, or a combination of both.
- Appeal Process:
- Appeals against NGT orders can be filed in the Supreme Court, typically within ninety days from the date of communication.
Laws Dealt with by NGT:
The NGT deals with civil cases under seven environmental laws:
- 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
Violations of these laws or decisions made by the government under these laws can be challenged before the NGT.
STRENGTH OF NGT
The National Green Tribunal (NGT) possesses several strengths that contribute to its effectiveness in environmental regulation:
- Critical Environmental Regulation:
- Over the years, the NGT has demonstrated its significance by issuing stringent orders on diverse environmental issues, ranging from pollution and deforestation to waste management.
- Evolution of Environmental Jurisprudence:
- The NGT plays a pivotal role in shaping environmental jurisprudence by establishing an alternative dispute resolution mechanism, fostering the evolution of legal principles in the environmental domain.
- Reduction of Litigation Burden:
- By providing a dedicated forum for addressing environmental matters, the NGT helps alleviate the burden of litigation in higher courts, ensuring a focused and specialized approach to environmental disputes.
- Efficiency and Cost-Effectiveness:
- The NGT offers a less formal, cost-effective, and expeditious avenue for resolving environmental disputes. This streamlined process contributes to faster decision-making and reduced legal expenses.
- Curbing Environment-Damaging Activities:
- Through its interventions and decisions, the NGT plays a crucial role in restraining and preventing activities that have detrimental effects on the environment.
- Independence of Judgments:
- The non-eligibility for reappointment of the Chairperson and members enhances the likelihood of independent and impartial judgments, free from external pressures or influences.
- Observance of Environmental Impact Assessment:
- The NGT has been instrumental in ensuring the strict adherence to the Environment Impact Assessment process, contributing to the comprehensive evaluation of potential environmental impacts before project approvals.
CHALLENGES ASSOCIATED WITH ITS FUNCTIONING
Several challenges impact the effective functioning of the National Green Tribunal (NGT):
- Jurisdiction Limitations:
- The exclusion of significant acts like the Wildlife (Protection) Act, 1972, and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 from the NGT’s jurisdiction restricts its ability to address crucial issues related to forest rights directly linked to the environment.
- Challenges to Decisions:
- NGT decisions are frequently challenged in various High Courts under Article 226, asserting the superiority of High Courts over the NGT. The lack of clarity on the types of decisions that can be challenged adds to the complexity.
- Economic Growth Concerns:
- Decisions of the NGT, especially those with potential repercussions on economic growth and development, face criticism and challenges, reflecting the inherent tension between environmental conservation and economic interests.
- Compensation Mechanism:
- The absence of a formula-based mechanism for determining compensation has been a subject of criticism, raising concerns about consistency and fairness in the tribunal’s decisions.
- Limited Compliance:
- Stakeholders and government bodies sometimes do not fully comply with NGT decisions, citing feasibility issues or challenging the practicality of implementation within specified timeframes.
- Resource Constraints:
- Inadequate human and financial resources contribute to a high backlog of cases, undermining the NGT’s objective of timely disposal of appeals within six months.
- Limited Regional Benches:
- The presence of a limited number of regional benches hampers the justice delivery mechanism, making it challenging for the NGT to effectively address environmental disputes across the country.
DEVELOPMENT VS CONSERVATION
The environment holds paramount importance due to its multifaceted contributions, offering a spectrum of ecosystem services with economic implications:
- Provisioning Services:
- Examples include the provision of food, irrigation, and drinking water.
- These services are fundamental for the sustenance of millions of households and various developmental activities.
- Regulating Services:
- Encompasses climate regulation and water quality regulation.
- Vital for maintaining a stable and conducive environment for life and economic activities.
- Cultural Services:
- Involves recreational and religious services derived from the environment.
- Adds cultural and aesthetic value to human societies.
- Supporting Services:
- Includes nutrient recycling and soil formation, supporting the foundation of ecosystems.
- Essential for the productivity and sustainability of various industries.
The relationship between the environment and development is intricate, with the following considerations:
- Industrialization and Urbanization:
- Rapid industrialization and urbanization are imperative for achieving economic development and increasing per capita income.
- However, these activities often lead to environmental degradation and pollution.
- Environmental Consequences:
- Despite expectations of improved environmental quality with economic growth, the reality is that continued growth exacerbates environmental deterioration.
Developmental factors affecting environmental sustainability include:
- Lack of Environmental Compliance:
- Neglect of environmental principles contributes to natural hazards causing avoidable casualties.
- Unregulated quarrying and improper slope cutting intensify soil erosion and landslide risks.
- Ill-Effects of Subsidies:
- Government subsidies, while intended for welfare, lead to overuse of services like energy and electricity.
- Subsidies hinder investments in cleaner technologies and reduce the government’s revenue base.
- No Cost to Environmental Resources:
- Open access to natural resources results in their overuse, as individual users do not bear the full cost of environmental degradation.
- Complexity of Population Dynamics:
- Increasing population exacerbates the link between underdevelopment and environmental degradation.
- Poverty-driven incentives for large families and migrations strain urban areas, intensifying resource pressure and worsening environmental quality.
FAQs – National Green Tribunal Act (2010)
1-What is the National Green Tribunal (NGT)?
A: The NGT is a specialized institution established under the National Green Tribunal Act (2010) to efficiently address cases related to environmental protection and the conservation of natural resources.
2-How does NGT contribute to environmental jurisprudence?
A: NGT serves as a catalyst in evolving environmental jurisprudence by introducing an alternative dispute resolution mechanism and shaping legal principles in the environmental domain.
3-What is the NGT’s jurisdiction and powers?
A: NGT holds jurisdiction over civil cases with substantial environmental questions and possesses both original and appellate jurisdiction. It has the power to apply principles like sustainable development and issue penalties for non-compliance.
4-Which laws does NGT deal with?
A: NGT deals with civil cases under seven environmental laws, including the Water Act, Forest Conservation Act, Air Act, and Biological Diversity Act.
5-What is the structure of NGT?
A: The structure includes a Chairperson, Judicial Members, and Expert Members, appointed by the Central Government. They serve a term of three years or until the age of sixty-five, with no eligibility for reappointment.
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