Environmental governance in India has evolved rapidly over the past decades, with growing recognition of the need for specialized institutions to address environmental disputes. The National Green Tribunal (NGT), established in 2010 under the National Green Tribunal Act, has emerged as a unique judicial body dedicated solely to environmental matters. It was designed to provide quick, effective, and specialized adjudication of disputes relating to environmental protection, conservation of forests, and sustainable development. Over the years, the NGT has become a cornerstone of environmental justice in India.
Establishment and Objectives of NGT
The NGT was formed in response to India’s commitment at the Rio de Janeiro Earth Summit, 1992, to establish judicial and administrative mechanisms for environmental disputes. The primary objectives include:
- Ensuring speedy disposal of cases relating to environmental issues.
- Reducing the burden on regular courts.
- Providing effective remedies for individuals and communities affected by environmental harm.
- Enforcing the fundamental right to a clean and healthy environment, recognized under Article 21 of the Constitution.
Structure and Jurisdiction of NGT
The Tribunal is headquartered in New Delhi, with regional benches in Pune, Bhopal, Kolkata, and Chennai. Its structure allows it to handle cases from across the country.
Jurisdictional Scope:
- Appeals against environmental clearances.
- Matters related to pollution control, deforestation, and biodiversity conservation.
- Compensation and relief in cases of environmental damage.
- Enforcement of environmental rights under specific legislations.
The NGT has power to hear cases under several laws, including:
- Water (Prevention and Control of Pollution) Act, 1974
- Air (Prevention and Control of Pollution) Act, 1981
- Forest Conservation Act, 1980
- Biological Diversity Act, 2002
- Environment (Protection) Act, 1986
Key Contributions of NGT in Environmental Justice
The NGT has played a critical role in shaping India’s environmental landscape through landmark judgments and proactive interventions.
- Speedy Resolution
- Unlike conventional courts, NGT aims to resolve cases within six months, ensuring timely justice.
- Public Interest Protection
- The Tribunal has been instrumental in addressing issues raised by citizens, NGOs, and activists regarding pollution and illegal exploitation of resources.
- Landmark Judgments
- Yamuna Floodplains Case: Stopped large-scale constructions to protect the river ecosystem.
- Delhi Air Pollution: Ordered bans on older diesel vehicles and restrictions on construction dust.
- Sterlite Plant Closure: Directed closure of the copper plant in Tamil Nadu due to environmental violations.
- Principles of Environmental Law
- Reinforced the Polluter Pays Principle, Precautionary Principle, and Sustainable Development Doctrine in judgments.
- Accountability and Compliance
- Compelled industries and government bodies to comply with environmental norms, often imposing fines and strict monitoring.
Challenges Faced by NGT
Despite its achievements, the NGT faces multiple challenges:
- Limited Jurisdiction: It cannot hear cases under laws not listed in its founding Act, such as the Wildlife Protection Act.
- Enforcement Issues: Implementation of orders often depends on state authorities, leading to delays.
- Resource Constraints: Shortage of judicial and expert members affects case handling capacity.
- Appeals and Delays: Many NGT orders are challenged in higher courts, slowing down enforcement.
The Way Forward
For the NGT to enhance its effectiveness, several steps are necessary:
- Expanding its jurisdiction to cover all environmental legislations.
- Strengthening coordination with state authorities and Pollution Control Boards.
- Ensuring adequate staffing and technical expertise.
- Promoting greater public awareness about NGT’s role and access to justice.
Overview Table
| Aspect | Contribution/Challenge | Significance |
|---|---|---|
| Establishment (2010) | Formed under NGT Act | Specialized environmental body |
| Jurisdiction | Covers pollution, forests, biodiversity laws | Ensures legal remedies for violations |
| Landmark Judgments | Delhi Air Pollution, Sterlite Plant, Yamuna | Protects health and ecosystems |
| Principles Enforced | Polluter Pays, Precautionary Principle | Strengthens environmental governance |
| Challenges | Limited scope, enforcement delays | Restricts full potential |
| Future Directions | Expand powers, increase resources | Enhances efficiency and justice |
FAQs
Q1. What is the main purpose of the National Green Tribunal?
To provide speedy and specialized justice in environmental matters and reduce burden on regular courts.
Q2. Which principles of environmental law does the NGT enforce?
It enforces Polluter Pays, Precautionary Principle, and Sustainable Development.
Q3. What are some landmark cases decided by NGT?
Key cases include the Delhi air pollution rulings, Yamuna floodplains protection, and Sterlite plant closure.