FUNCTIONS AND POWERS OF NATIONAL GREEN TRIBUNAL

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This article is written by Gitesh Jain (Functions and powers of national green tribunal), Amity University Jaipur, Rajasthan an intern under Legal Vidhiya.

INTRODUCTION

The National Green Tribunal (NGT) is a specialized judicial body in India that was established in 2010 under the National Green Tribunal Act. The tribunal is responsible for handling environmental disputes and enforcing laws relating to the protection and conservation of the environment, including the prevention and control of pollution. It is a part of the Environment Law and is inspired by Part III, Article 21 of the Indian Constitution. Article 21 addresses the protection of life and personal liberty, which includes the right to a healthy environment.

After the passage of the National Green Tribunal Act in 2010, India became the world’s third country, after New Zealand and Australia, to have special fast-track courts and quasi-judicial entities that deal with environmental matters.

ORIGIN OF THE IDEA OF ESTABLISHING ENVIRONMENTAL COURT IN INDIA

The idea of establishing environmental courts in India can be traced back to the 1980s when India began to see a surge in environmental activism and concerns over environmental degradation. One of the key events that sparked this movement was the Bhopal Gas Tragedy of 1984, where a gas leak from a pesticide plant owned by Union Carbide resulted in the death of thousands of people and caused severe health and environmental damage.

Following this disaster, there was a growing demand for stronger environmental laws and regulations in India. In response, the Indian government established the Ministry of Environment and Forests in 1985 and passed the Environment Protection Act in 1986.

However, there were still concerns about the implementation and enforcement of environmental laws, and the need for specialized courts to handle environmental disputes. In 1995, a landmark case in India’s Supreme Court, commonly known as the Vellore case, called for the establishment of environmental courts, or “Green Benches,” to deal with environmental cases. The court recommended the establishment of specialized courts to ensure speedy justice and to focus on environmental matters.

Following this decision, several High Courts in India established environmental courts or designated special benches to hear environmental cases. In 2010, the National Green Tribunal (NGT) was established as a specialized court to handle environmental disputes, with jurisdiction over all civil cases related to environmental issues.

Overall, the idea of establishing environmental courts in India emerged from a combination of environmental activism, concerns over environmental degradation, and the need for specialized legal mechanisms to enforce environmental laws and regulations.

COMPOSITION OF NATIONAL GREEN TRIBUNAL

The National Green Tribunal (NGT) is a specialized court in India that handles environmental disputes and provides effective and expeditious disposal of cases related to environmental protection and conservation. The composition of the NGT is as follows:

Chairperson: The NGT is headed by a Chairperson who is a retired judge of the Supreme Court of India.
Judicial Members: The NGT has a minimum of ten and a maximum of twenty full-time Judicial Members who are appointed by the central government. These members are usually retired judges of the High Courts or the Supreme Court.
Expert Members: The NGT also has a minimum of ten and a maximum of twenty full-time Expert Members who are appointed by the central government. These members are experts in various fields related to environmental protection, such as environmental sciences, ecology, and biodiversity.
Registrar: The NGT also has a Registrar who is responsible for the administrative and financial functions of the tribunal.

The NGT is headquartered in New Delhi, but it has regional benches located in several other cities across the country to handle cases from different regions. The decisions of the NGT are binding and enforceable throughout the country.

OBJECTIVES OF NATIONAL GREEN TRIBUNAL

The National Green Tribunal (NGT) is a specialized court in India that deals with cases related to environmental protection, conservation, and management. The primary objectives of the National Green Tribunal are:

To provide effective and expeditious disposal of cases related to environmental protection and conservation.
To ensure the implementation of environmental laws and regulations in a strict and effective manner.
To promote sustainable development and the protection of the environment.
To provide a forum for the resolution of disputes related to the environment and to facilitate the settlement of such disputes through mediation and other alternative means.
To create awareness and disseminate information about environmental protection and conservation.
To encourage public participation in environmental decision-making processes and to promote transparency and accountability at the same.
To create and promote a culture of environmental protection and conservation among the people.

The NGT plays a vital role in ensuring the protection and conservation of the environment in India and in promoting sustainable development practices.

STRUCTURE OF NATIONAL GREEN TRIBUNAL

The National Green Tribunal (NGT) was established on October 18, 2010, under the National Green Tribunal Act, 2010, so that cases involving environmental protection and other natural resources such as forests, etc. could be resolved effectively and expeditiously by providing compensation and relief to all those who suffered damages in connection with or incidental to these matters. Its predecessor was the National Environment Appellate Authority.

According to the National Green Tribunal Act, New Delhi has been designated as the NGT’s main bench, with regional benches in Pune (Western Zone Bench), Bhopal (Central Zone Bench), Chennai (Southern Bench), and Kolkata (Eastern Bench). Each Bench has a distinct geographical jurisdiction that encompasses many states in a region. There is also a circuit bench mechanism. The Central Zone bench, for example, which is situated in Bhopal, can elect to have sittings in other cities such as Gwalior or Jaipur. Specifying each bench’s jurisdiction.

POWERS OF NATIONAL GREEN TRIBUNAL

The National Green Tribunal (NGT) is a specialized court in India that has been given certain powers to handle cases related to environmental protection and conservation. Here are some of the key powers of the NGT:

Adjudicatory Powers: The NGT has the power to hear and adjudicate cases related to environmental disputes, including those related to air and water pollution, environmental clearances, biodiversity conservation, and forest conservation.
Enforcement Powers: The NGT has the power to enforce its orders and decisions, and it can issue directions and take actions against individuals or entities that violate environmental laws or cause environmental damage.
Regulatory Powers: The NGT has the power to regulate activities that have an impact on the environment, including industries, mining, and construction projects.
Review and Appeals: The NGT has the power to review its own decisions, and its decisions can also be appealed in the Supreme Court of India.
Expertise: The NGT has the power to seek the assistance of experts in various fields, including environmental science, to help it make informed decisions.
Civil and Criminal Jurisdiction: The NGT has both civil and criminal jurisdiction, and it can impose fines and penalties on those found guilty of environmental offenses.

Overall, the NGT has been given significant powers to help protect the environment and ensure that environmental laws are enforced in India. Its role has become increasingly important as environmental concerns have grown in the country.

STRENGTH OF NATIONAL GREEN TRIBUNAL

The National Green Tribunal (NGT) was established in India in 2010 to handle cases related to environmental issues and disputes. Some of the strengths of the NGT include:

Specialized expertise: The NGT has a panel of experts in various fields related to the environment, such as environmental science, law, and engineering, who are able to provide specialized knowledge to help resolve disputes.
Speedy justice: The NGT is known for delivering quick and effective justice, with strict timelines and efficient procedures for handling cases. This has helped to ensure that environmental disputes are resolved in a timely manner.
Strict enforcement: The NGT has the power to issue strict penalties and fines for environmental violations, which helps to deter companies and individuals from engaging in activities that harm the environment.
Accessibility: The NGT has a decentralized structure with benches located in different parts of the country, making it more accessible to people living in remote areas.
Public participation: The NGT encourages public participation in environmental decision-making, which helps to promote transparency and accountability in environmental governance.

Overall, the NGT has played a crucial role in protecting the environment and promoting sustainable development in India.

FUNCTIONS OF NATIONAL GREEN TRIBUNAL

The National Green Tribunal Act of India, 2010 outlines the functions and powers of the National Green Tribunal (NGT). Some of the key functions of the NGT under the Act include:

Adjudication of environmental disputes: The NGT is responsible for hearing and resolving disputes related to environmental issues, including disputes related to the enforcement of environmental laws and regulations.
Handling of appeals: The NGT is authorized to hear appeals against orders or decisions made by environmental authorities or other courts related to environmental issues.
Enforcement of environmental laws: The NGT has the power to enforce environmental laws and regulations, including the power to issue orders, injunctions, and directions for the protection of the environment.
Monitoring of environmental compliance: The NGT is responsible for monitoring compliance with environmental laws and regulations, and for taking appropriate action in case of violations.
Providing expert advice: The NGT has a panel of experts in various fields related to the environment who can provide expert advice to the tribunal on environmental issues.
Promotion of environmental justice: The NGT is tasked with promoting environmental justice by ensuring that all citizens have the right to a clean environment, and that environmental decisions are made in a transparent and participatory manner.

Overall, the functions of the NGT are geared towards protecting the environment, promoting sustainable development, and ensuring that environmental laws and regulations are enforced effectively.

CHALLENGES FOR NATIONAL GREEN TRIBUNAL

The National Green Tribunal (NGT) is a specialized court in India that deals with environmental issues and disputes. Some of the challenges faced by the NGT are:

Backlog of cases: The NGT has a backlog of cases that are yet to be disposed of, which can delay justice for parties involved in the cases.
Limited jurisdiction: The NGT has limited jurisdiction and can only hear cases related to environmental issues. This can sometimes result in cases being transferred to other courts, leading to delays, and added costs.
Limited resources: The NGT faces resource constraints, such as insufficient staffing and infrastructure, which can hinder its ability to function effectively.
Implementation of decisions: Even after the NGT makes a decision, its implementation may be difficult due to a lack of resources or cooperation from the parties involved.
Lack of awareness: Many people and organizations are not aware of the NGT and its role in addressing environmental issues, which can limit its impact.
Political interference: The NGT may face political pressure or interference, which can undermine its independence and effectiveness.

Overall, the NGT faces numerous challenges in addressing environmental issues and disputes in India. Addressing these challenges will require concerted efforts by all stakeholders, including the government, civil society, and the private sector.

IMPORTANT ORDERS GIVEN BY NATIONAL GREEN TRIBUNAL

The National Green Tribunal (NGT) has issued several important orders in India, some of which include:

Ban on 10-year-old diesel vehicles: In 2015, the NGT banned all diesel vehicles over 10 years old in Delhi to address the issue of air pollution.
Closure of industries around Bellandur Lake: In 2018, the NGT ordered the closure of industries around Bellandur Lake in Bangalore, citing pollution of the lake and violation of environmental laws.
Ban on plastic items in Haridwar: In 2016, the NGT banned the sale, manufacture, and storage of plastic items in Haridwar, a city in Uttarakhand, to reduce plastic pollution.
Demolition of illegal constructions in Shimla: In 2018, the NGT ordered the demolition of illegal constructions in Shimla, citing violation of environmental laws and harm to the local ecology.
Closure of Sterlite copper plant: In 2018, the NGT upheld the Tamil Nadu Pollution Control Board’s order to close the Sterlite copper plant in Thoothukudi, citing pollution and violation of environmental norms.
Compensation for victims of oil spills: In 2019, the NGT ordered a compensation of Rs. 25 crores to be paid to victims of an oil spill in Tamil Nadu, caused by a collision between two ships.

These orders are just a few examples of the NGT’s efforts to protect the environment and ensure compliance with environmental laws in India.

SOME IMPORTANT JUDGEMENTS BY NATIONAL GREEN TRIBUNAL

The National Green Tribunal (NGT) in India has delivered several important judgments over the years, some of which include:

Vizhinjam International Seaport Limited case: In this case, the NGT directed the Vizhinjam International Seaport Limited in Kerala to obtain all necessary environmental clearances before proceeding with the construction of a new port. The NGT also imposed a fine of Rs. 1 crore on the company for violating environmental norms.
Sterlite Industries case: In this case, the NGT upheld the Tamil Nadu Pollution Control Board’s order to close the Sterlite copper plant in Thoothukudi, citing pollution and violation of environmental norms.
Art of Living Foundation case: In this case, the NGT imposed a fine of Rs. 5 crores on the Art of Living Foundation for holding a cultural festival on the banks of the Yamuna River in Delhi, which caused damage to the environment.
Goa mining case: In this case, the NGT ordered a ban on mining activities in Goa, citing violation of environmental laws and damage to the local ecology.
Ganga pollution case: In this case, the NGT directed the Central Pollution Control Board and the state pollution control boards to take immediate steps to control pollution in the river Ganga.
Okhla Bird Sanctuary case: In this case, the NGT ordered the demolition of illegal constructions in the Okhla Bird Sanctuary in Delhi, citing harm to the local ecology and violation of environmental laws.

These judgments are some of the landmark decisions delivered by the NGT in India, highlighting its efforts to protect the environment and ensure compliance with environmental laws.

CRITICISM OF NATIONAL GREEN TRIBUNAL

As soon as the NGT came into action after October 2010 it got stuck in several controversies. The first criticism it faces is that it lacks judicial independence from the government. The rules of the NGT act allowed the bureaucrats to be appointed to the tribunal while holding their post in the government. This is problematic in the sense that a government official will never rule against the government because he is also a part of government and faces various kinds of pressure to not to rule against the central government. However, like any institution, the NGT has faced criticism for various reasons:

Delay in Justice: Despite being established to expedite the disposal of cases related to the environment, the NGT has faced criticism for delays in delivering judgments. The backlog of cases has been piling up, and it takes years for the tribunal to resolve them.
Lack of Independence: Some critics argue that the NGT lacks independence from the government, which undermines its effectiveness as an independent judicial body. The tribunal is headed by a chairman, who is appointed by the central government, and there have been allegations of political interference in the appointment of NGT members.
Limited Scope: The NGT’s jurisdiction is limited to certain environmental issues, and it cannot address broader issues related to development and sustainability. This limitation has been criticized for hindering the NGT’s effectiveness in protecting the environment.
Inadequate Infrastructure: The NGT has faced criticism for inadequate infrastructure, including lack of proper courtrooms, staff, and resources. This has resulted in delays and poor functioning of the tribunal.
Limited Reach: The NGT’s reach is limited to only a few major cities in India, which means that people in rural areas may not have access to the tribunal. This limits the NGT’s effectiveness in protecting the environment across the country.

Overall, while the NGT has played a significant role in addressing environmental issues in India, it has faced criticism for its shortcomings, which must be addressed to improve its effectiveness in protecting the environment.

CONCLUSION

The National Green Tribunal (NGT) is a specialized judicial body in India that was established to hear and dispose of cases related to environmental protection and conservation.

The NGT has the power to hear cases related to various environmental issues, including air and water pollution, waste management, deforestation, and climate change. The Tribunal is known for its speedy disposal of cases, which has helped to expedite environmental justice and ensure that polluters are held accountable for their actions.

In recent years, the NGT has made several significant rulings, including banning diesel vehicles in Delhi and imposing fines on industries polluting the Ganga River. The tribunal has also played a crucial role in enforcing environmental regulations and protecting vulnerable communities from the harmful effects of pollution.

Overall, the National Green Tribunal has emerged as an essential institution for environmental governance in India, and its efforts to protect the environment and promote sustainable development are crucial for the well-being of the nation and its people.

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