India’s rapid industrialization and urban expansion have brought significant ecological challenges. To address these effectively, the National Green Tribunal (NGT) was established under the National Green Tribunal Act, 2010. The NGT has emerged as a vital judicial body that ensures quick disposal of environmental cases, promotes accountability, and upholds citizens’ constitutional right to a clean and healthy environment.
Establishment and Purpose of the NGT
The NGT was created with the primary objective of providing effective and expeditious disposal of environmental disputes. Unlike traditional courts, it is a specialized judicial body that deals exclusively with environmental protection, natural resource conservation, and compensation for environmental harm.
Its creation was influenced by the need to:
- Implement international commitments such as the Rio Declaration and Stockholm Conference principles.
- Reduce the pendency of environmental cases in regular courts.
- Strengthen environmental governance through a dedicated mechanism.
Jurisdiction and Powers of the NGT
The NGT has jurisdiction over civil cases related to environmental protection and enforcement of laws mentioned in Schedule I of the NGT Act, which include:
- Water (Prevention and Control of Pollution) Act, 1974
- Air (Prevention and Control of Pollution) Act, 1981
- Environmental Protection Act, 1986
- Forest Conservation Act, 1980
- Biological Diversity Act, 2002
Key powers include:
- Imposing penalties and fines on polluters.
- Ordering restoration and compensation for environmental damage.
- Reviewing government clearances for industries and infrastructure projects.
- Issuing directives to prevent environmental harm.
NGT’s Role in Strengthening Environmental Governance
1. Ensuring Access to Environmental Justice
The NGT provides a forum for citizens, NGOs, and affected communities to raise environmental concerns without procedural hurdles. The simplified process ensures broader participation in environmental governance.
2. Speedy Disposal of Cases
Unlike traditional courts, the NGT aims to dispose of cases within six months of filing, reducing delays in environmental litigation. Timely intervention often prevents irreversible ecological damage.
3. Application of Environmental Principles
The NGT has institutionalized important doctrines, such as:
- Polluter Pays Principle – polluters must bear the cost of restoration.
- Precautionary Principle – preventive measures must be taken even in the absence of complete scientific certainty.
- Sustainable Development – balancing growth with environmental preservation.
4. Accountability of Industries and Government
By reviewing projects and policies, the NGT ensures industries comply with environmental standards and holds government authorities accountable for negligence or misuse of power.
5. Protecting Forests, Rivers, and Biodiversity
The NGT has passed several orders banning illegal mining, regulating construction near eco-sensitive zones, controlling pollution in rivers like Ganga and Yamuna, and conserving biodiversity hotspots.
Landmark Decisions of the NGT
- Yamuna Pollution Case (2015): Imposed fines on industries discharging untreated waste and directed authorities to clean the river.
- Sterlite Copper Plant Case (2018): Upheld the closure of the polluting copper smelter in Tamil Nadu.
- Sand Mining Orders: Issued strict regulations against illegal sand mining to protect riverbeds and ecosystems.
- Vehicular Emissions: Ordered restrictions on diesel vehicles in Delhi to control air pollution.
These judgments highlight how the NGT strengthens environmental governance by acting decisively against violators.
Challenges Faced by the NGT
Despite its achievements, the NGT faces certain limitations:
- Limited Jurisdiction: It cannot hear matters under laws not listed in Schedule I, such as the Wildlife Protection Act, 1972.
- Enforcement Hurdles: Implementation of its orders often depends on state governments and agencies.
- Resource Constraints: Lack of adequate manpower, infrastructure, and funding hampers efficiency.
- Appeals to Supreme Court: Frequent appeals dilute the effectiveness of NGT’s orders and prolong resolution.
Impact of NGT on Environmental Governance
The NGT has been instrumental in shifting environmental protection from a policy concern to a governance priority. Its proactive stance has:
- Improved compliance among industries.
- Strengthened environmental accountability of government agencies.
- Enhanced public awareness and participation in ecological issues.
- Positioned India as a leader in adopting a specialized green tribunal for justice.
Overview Table
| Aspect | Contribution of NGT | Impact on Governance |
|---|---|---|
| Access to Justice | Simplified procedures for citizens and NGOs | Increased public participation in decision-making |
| Speedy Disposal of Cases | Six-month timeline for resolution | Prevents ecological damage through timely action |
| Application of Principles | Polluter Pays, Precautionary, Sustainable Development | Ensures eco-friendly industrial and policy practices |
| Accountability | Penalties on industries, scrutiny of clearances | Strengthened compliance and government responsibility |
| Landmark Judgments | Bans on illegal mining, closure of polluting units | Protection of forests, rivers, and biodiversity |
| Challenges | Limited jurisdiction, weak enforcement | Need for reforms and stronger institutional support |
FAQs
Q1. What is the primary role of the NGT in India?
The NGT ensures effective disposal of environmental disputes and strengthens governance by enforcing accountability.
Q2. Which principles guide NGT’s decisions?
The NGT follows the Polluter Pays Principle, Precautionary Principle, and Sustainable Development.
Q3. Why is the NGT significant for environmental protection?
It provides quick, accessible, and specialized justice, making environmental governance stronger and more effective.