Introduction: Sentinel of Sustainability
The National Green Tribunal (NGT) is a specialized statutory body established in 2010 under the National Green Tribunal Act, 2010. Its creation marked a significant step towards environmental jurisprudence in India, providing a dedicated forum for the effective and expeditious disposal of cases relating to environmental protection, conservation of forests and other natural resources, and the enforcement of environmental legal rights.
The NGT operates on principles of natural justice and is mandated to dispose of cases within six months, playing a pivotal role in ensuring environmental compliance and providing relief and compensation for damages, thereby strengthening environmental governance.
Core Pillars of NGT
20.13.1: Statutory Body (NGT Act, 2010)
Statutory Body: The NGT is a statutory body. It is not a constitutional body. It was established by the Central Government on October 18, 2010, under the National Green Tribunal Act, 2010.
Purpose: The Act was enacted to provide for the establishment of a specialized tribunal for effective and expeditious disposal of cases relating to:
- Environmental protection and conservation of forests and other natural resources.
- Enforcement of any legal right relating to the environment.
- Giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto.
Global Precedent: India is the third country in the world (after Australia and New Zealand) to set up a specialized environmental tribunal, reflecting its commitment to environmental justice.
20.13.2: Composition
The NGT consists of a Chairperson, Judicial Members, and Expert Members. This blend of judicial and expert knowledge ensures comprehensive understanding of cases.
- Chairperson: A person who is a retired Judge of the Supreme Court or a retired Chief Justice of a High Court. (Appointed by Central Govt. in consultation with the Chief Justice of India).
- Judicial Members: Persons who are retired Judges of High Courts.
- Expert Members: Persons having special knowledge of, and practical experience in, environmental protection, conservation of forests and other natural resources, or a relevant field.
Strength: The Act specifies that the Tribunal shall comprise not less than 10 and subject to a maximum of 20 full-time Judicial Members and Expert Members each.
20.13.3: Benches
To ensure accessibility and speedy justice across the country, the NGT has a Principal Bench and four regional benches:
- Principal Bench: New Delhi
- Regional Benches:
- Bhopal (Central Zone)
- Pune (Western Zone)
- Kolkata (Eastern Zone)
- Chennai (Southern Zone)
This decentralized structure allows for localized expertise and quicker grievance redressal.
20.13.4: Jurisdiction
The NGT has a broad and specific jurisdiction over environmental cases:
- Civil Cases with Substantial Environmental Question: The NGT has jurisdiction over all civil cases where a substantial question relating to the environment is involved.
- Specified Environmental Laws: This jurisdiction primarily covers cases arising out of the implementation of the following seven specific 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
Important Distinction for Prelims:
The NGT's jurisdiction DOES NOT cover cases related to:
- The Wild Life (Protection) Act, 1972
- The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA)
- Principles of Natural Justice: The NGT is not bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice. This allows for flexibility and speed in proceedings.
- Time-bound Disposal: The Act mandates that the NGT shall endeavor for expeditious disposal of applications and appeals, generally within six months of their filing.
- Appeal to SC: Any person aggrieved by an order or decision of the NGT can prefer an appeal to the Supreme Court of India within 90 days.
20.13.5: Significant Orders & Impact on Environmental Governance
The NGT has passed numerous landmark orders, significantly impacting environmental governance in India:
- Pollution Control: Strict orders against industrial pollution, vehicular pollution (e.g., ban on old diesel vehicles in NCR), and waste management issues (e.g., directions on solid waste management, plastic waste).
- Protection of Natural Resources: Orders related to illegal mining, protection of wetlands, rivers, and forests.
- Development Projects: Imposed conditions or halted projects impacting environment (e.g., constructions in eco-sensitive zones, violations in infrastructure projects).
- Polluter Pays Principle: Frequently applies the 'Polluter Pays Principle' and 'Precautionary Principle', ordering compensation for environmental damage.
- Accountability: Held government agencies and industries accountable for environmental non-compliance.
- Filling Governance Gaps: Often filled gaps in environmental governance where executive agencies were slow to act.
NGT at a Glance & Key Notes
NGT at a Glance (NGT Act, 2010)
| Aspect | Key Provision/Details |
|---|---|
| Establishment | Statutory body (National Green Tribunal Act, 2010). Established Oct 2010. |
| Composition | Chairperson (retired SC Judge/HC CJ), Judicial Members (retired HC Judges), Expert Members (environmental expertise). Appointed by Central Govt. |
| Benches | Principal Bench: Delhi. Regional Benches: Bhopal, Pune, Kolkata, Chennai. |
| Jurisdiction | Civil cases with substantial question relating to environment under 7 specified environmental laws. Excludes Wildlife Protection Act & FRA. |
| Powers | Not bound by CPC; guided by principles of natural justice. Can grant relief/compensation. Has powers of a civil court for inquiry. |
| Timeframe | Endeavor for 6 months disposal. Appeal to SC within 90 days. |
| Impact/Role | Speedy environmental justice; enforces polluter pays/precautionary principles; impacts environmental governance. |
Prelims-ready Notes
Establishment & Purpose
- Statutory body under National Green Tribunal (NGT) Act, 2010. Established Oct 2010.
- Purpose: Effective & expeditious disposal of environmental cases, conservation, enforcement of environmental rights, relief/compensation.
- Global Rank: India is 3rd country (after Australia, NZ) with such tribunal.
Composition & Benches
- Chairperson: Retired SC Judge or retired CJ of HC.
- Judicial Members: Retired HC Judges.
- Expert Members: Environmental expertise.
- Appointed by Central Govt. (Chairperson in consultation with CJI).
- Principal Bench in Delhi. 4 Regional Benches (Bhopal, Pune, Kolkata, Chennai).
Jurisdiction & Procedure
- Civil cases with substantial question relating to environment.
- Covers 7 specific environmental laws. NOT Wild Life Protection Act, 1972 or Forest Rights Act, 2006.
- Not bound by CPC, guided by principles of natural justice.
- Time-bound disposal: Endeavor within 6 months. Appeal to Supreme Court within 90 days.
Mains-ready Analytical Notes
- Effectiveness of Specialized Tribunal: Whether the NGT has truly reduced the burden on higher courts for environmental cases and provided quicker justice.
- Scope of Jurisdiction: Debates about the NGT's limited jurisdiction (excluding Wild Life Act, FRA) and demands for expanding its purview.
- Balance between Environment and Development: NGT often faces the challenge of balancing environmental protection with developmental needs, leading to criticisms from both environmentalists (for leniency) and industry (for hurdles).
- Enforcement of Orders: Challenges in ensuring effective enforcement of NGT's orders by state governments and polluters, often leading to non-compliance.
- Appeals to Supreme Court: High rate of appeals to the Supreme Court from NGT orders, sometimes undermining its finality.
- Composition and Expertise: Ensuring a proper balance of judicial and expert members and preventing expert members from becoming 'junior judges'.
- Judicial Activism: The creation of NGT was partly a result of increasing environmental litigation in higher courts and a push for specialized tribunals (e.g., M.C. Mehta cases in SC).
- Shift in Environmental Governance: From mere regulation to more proactive environmental justice and compensation.
- Increased Environmental Awareness: NGT's orders have significantly contributed to raising environmental awareness among public and policymakers.
- Evolution of Environmental Jurisprudence: NGT has contributed to developing specific environmental jurisprudence in India, applying principles like Polluter Pays and Precautionary Principle.
- Environmental Justice: Provides a crucial forum for victims of environmental damage to seek redressal and compensation.
- Pollution Control: Its strict orders have pushed for better compliance with pollution norms (air, water, noise, waste).
- Conservation: Plays a vital role in protecting fragile ecosystems, forests, and biodiversity.
- Climate Change: Increasingly relevant in addressing climate change impacts and promoting sustainable practices (e.g., orders on renewable energy, waste management).
- Public Awareness and Participation: Empowered citizens and environmental groups to approach a specialized tribunal for environmental grievances.
- Green Governance: Strengthens environmental governance by holding government agencies and industries accountable.
- Increased Fines and Enforcement: NGT has shown a growing trend of imposing significant environmental compensation and penalties on polluters (both industries and government bodies like municipal corporations) for non-compliance.
- Focus on Waste Management: Continues rigorous monitoring and directives on proper solid waste management, plastic waste management, and liquid waste treatment by urban and rural local bodies.
- Wetland and River Protection: Actively intervened in cases concerning the protection of wetlands, floodplains, and prevention of river pollution, often issuing directions for restoration and conservation.
- Impact of Development Projects: Frequently hears cases challenging environmental clearances or impact of major infrastructure and development projects, seeking to ensure sustainable development.
- Digitalization and Online Hearing: Increasingly utilized online platforms for hearings and case management, enhancing accessibility and efficiency, especially post-pandemic.
UPSC Previous Year Questions
Prelims MCQs
Question:
The National Green Tribunal Act, 2010, was enacted in consonance with which of the following provisions of the Constitution of India?
- Right to a healthy environment, construed as a part of Right to Life under Article 21.
- Provision of grants for environmental protection under Article 282.
- Duty to protect and improve the environment and safeguard forests and wildlife under Article 48A and 51A(g).
Select the correct answer using the code given below:
- (a) 1 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (d)
Explanation: All three constitutional provisions provide the underlying basis for environmental protection laws and bodies like NGT. Article 21 (Right to life includes healthy environment), Article 48A (DPSP: state to protect environment), Article 51A(g) (Fundamental Duty: protect natural environment), and Article 282 (grants for public purposes, including environmental protection) all support environmental protection initiatives.
Question:
The National Green Tribunal (NGT) has been established to:
- (a) Facilitate conservation of forests and wildlife.
- (b) Provide speedy environmental justice.
- (c) Enforce environmental legal rights.
- (d) All of the above.
Answer: (d)
Explanation: The NGT Act, 2010, explicitly states all these as its objectives, aiming for holistic environmental protection and justice.
Question:
With reference to the National Green Tribunal (NGT), which of the following statements is/are correct?
- The NGT has been established under the Environment (Protection) Act, 1986.
- The NGT has jurisdiction over cases relating to the Wild Life (Protection) Act, 1972.
Select the correct answer using the code given below:
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (d)
Explanation: Statement 1 is incorrect (NGT is established under the National Green Tribunal Act, 2010). Statement 2 is incorrect (NGT does not have jurisdiction over cases relating to the Wild Life (Protection) Act, 1972, or the Forest Rights Act, 2006). This is a crucial distinction.
Mains PYQs (Direction/Value Points)
Question:
"The National Green Tribunal Act, 2010, has been successful in establishing a specialized environmental court in India. Discuss the challenges faced by the NGT in achieving its objectives and suggest measures to overcome them." (250 words)
Direction/Value Points:
- Introduction: Briefly explain NGT's establishment (statutory body, NGT Act, 2010) and its objective of speedy environmental justice.
- Successes: Established specialized court, reduced burden on higher courts, applied environmental principles (polluter pays, precautionary), provided compensation, passed significant orders (e.g., pollution control, illegal mining), enhanced environmental awareness.
- Challenges: Limited Jurisdiction (Exclusion of Wild Life Act, FRA), Enforcement of Orders, Resource Constraints, Appeals to SC, Conflict with Development, Access to Justice, Judicial Vacancies.
- Measures to Overcome: Expand Jurisdiction, Strengthen Enforcement, Adequate Resources, Reduce Appeals, Promote Awareness, Fill Vacancies.
- Conclusion: NGT has made significant contributions, but addressing challenges is crucial for effectiveness.
Question:
"Coastal erosion is a pervasive problem in India. Analyze its causes, impacts, and suggest measures to mitigate it. In this context, discuss the role of the National Green Tribunal (NGT)." (250 words)
Direction/Value Points:
- Context: Coastal erosion is an environmental problem where NGT has a role.
- Causes: Natural (sea level rise, storms) and Anthropogenic (sand mining, dam construction, coastal structures, mangrove destruction).
- Impacts: Loss of land/livelihoods, saltwater intrusion, ecosystem damage, displacement.
- Mitigation Measures: Hard engineering (sea walls), soft engineering (beach nourishment, mangrove plantation), policy measures (CRZ regulation, sustainable tourism).
- Role of NGT: Enforcement of CRZ, orders against illegal sand mining from coastal areas, addressing pollution affecting coastal waters, ordering compensation, application of 'polluter pays' and 'precautionary' principles.
- Conclusion: NGT plays a crucial role in tackling coastal erosion through its enforcement of environmental laws and principles.
Question:
"The National Green Tribunal (NGT) has been instrumental in ensuring environmental compliance in India. Discuss its powers and functions and evaluate its effectiveness in curbing environmental pollution." (250 words)
Direction/Value Points:
- Introduction: Define NGT and its role in environmental protection.
- Powers and Functions: Jurisdiction (civil cases with substantial environmental questions under 7 specific laws), Procedural Flexibility (natural justice, not CPC), Time-bound Disposal (6 months), Relief and Compensation, Enforcement (injunctions, remedial measures), Principle Application (Polluter Pays, Precautionary Principle).
- Effectiveness in Curbing Environmental Pollution (Evaluation):
- Successes: Increased Accountability, Pollution Control (air, water, waste), Deterrent Effect, Filling Gaps, Awareness.
- Challenges (Limitations to Effectiveness): Enforcement Gaps, Resource Constraints, Appeals to SC, Limited Jurisdiction (Wildlife Act, FRA), Balance with Development.
- Conclusion: NGT has significantly transformed environmental jurisprudence and compliance. While effectiveness is sometimes hampered by implementation challenges, it remains a vital institution for curbing environmental pollution.