National Green Tribunal (NGT)

National Green Tribunal (NGT): Environment & Ecology for UPSC

UPSC Prelims GS Paper 1 and Mains GS Paper 3 (Environment, Governance, Legal Frameworks).

Introduction

The National Green Tribunal (NGT) is a specialised statutory body set up by the Government of India in 2010 to address and dispose of environmental cases swiftly and effectively. India became the third country globally after Australia and New Zealand, and the first d eveloping country, to establish such a tribunal dedicated exclusively to environmental protection and conservation. The NGT is mandated to provide a speedy remedy for violations of environmental laws, the conservation of forests and natural resources, and enforcement of any legal rights relating to the environment.

Why was NGT Established?

• Environmental disputes often involve complex scientific, technical, and legal issues requiring expert knowledge.
• Conventional courts faced delays and lacked specialised technical expertise.
• The Supreme Court of India, Law Commission, and India’s international environmental obligations recommended the creation of the NGT.
• The Tribunal facilitates speedy disposal of environmental cases within six months to provide timely relief and compensation.

Structure of the National Green Tribunal

• Chairperson: A retired judge of the Supreme Court of India or a Chief Justice of a High Court.
• Judicial Members: Minimum 10 and maximum 20; retired judges or judges of High Courts or Supreme Court.
• Expert Members: Minimum 10 and maximum 20; qualified professionals with at least 15 years of experience in environment, forest conservation, or related fields.
• Members serve for a term of five years or until the age of 65, whichever is earlier, without eligibility for reappointment.
• The Chairperson is appointed by the Central Government after consultation with the Chief Justice of India (CJI). Judicial and expert members are appointed by a selection committee appointed by the government.

Benches and Jurisdiction

• The Principal Bench is situated in New Delhi overseeing Northern India.
• Regional Benches are located in Bhopal (Central), Pune (Western), Chennai (Southern), and Kolkata (Eastern) to increase accessibility.
• The NGT exercises jurisdiction over all civil cases relating to environmental issues and related laws notified in Schedule I of the NGT Act.

Laws Under NGT Jurisdiction

The NGT can hear cases pertaining to violations of:

• Water (Prevention & Control of Pollution) Act, 1974
• Water (Prevention & Control of Pollution) Cess Act, 1977
• Forest (Conservation) Act, 1980
• Air (Prevention & Control of Pollution) Act, 1981
• Environment (Protection) Act, 1986
• Public Liability Insurance Act, 1991
• Biological Diversity Act, 2002

Powers and Functions

• The Tribunal has powers equivalent to a civil court to summon evidence, call witnesses, inspect sites, and enforce orders.
• It can grant interim relief, including injunctions and compensation to affected persons.
• Orders of the NGT are binding and enforceable.
• Appeals against NGT orders can be made only to the Supreme Court within 90 days.
• It encourages sustainable development and environmental justice through monitoring compliance and implementing green laws.

Limitations

• NGT cannot hear matters under the Indian Forest Act (1927) or Wildlife Protection Act (1972), which are under state jurisdiction.
• Some issues require approach to High Courts or Supreme Court.
• Sometimes interpretational conflicts regarding the scope of NGT’s jurisdiction arise.

Recent Developments

• The current Chairperson is Justice Prakash Shrivastava (since August 2023).
• The Tribunal regularly deals with pollution control, forest diversion, waste management, and biodiversity protection cases.
• NGT has played a critical role in enforcing environmental norms around industries, mining, construction, and urban pollution.

Conclusion

The National Green Tribunal is a cornerstone of India’s environmental justice system. It provides a specialized, expeditious, and expert forum to tackle complex issues relating to environmental protection, helping to safeguard human health and ecological stability. Understanding the structure, powers, and functioning of the NGT is essential for UPSC aspirants focusing on environment and governance.