National Green Tribunal

Published on 06 Apr 2025

It is a specialized body established by the National Green Tribunal Act of 2010 to handle matters pertaining to environmental protection, forest conservation, and other natural resource preservation in an efficient and timely manner.

Power and Jurisdiction of National Green Tribunal

• Suo Motu Powers: The NGT can address environmental issues throughout the country without requiring a specific case to be filed before it.

• Principles of Sustainable Development: When issuing directives or making judgments, the NGT takes into account the concepts of polluter pay, precautionary principle, and sustainable development.

• Jurisdiction over Civil Cases: All civil cases involving significant environmental problems are under the purview of the NGT.

• Adjudicatory and Preventative Roles: The NGT is authorized to take corrective or preventive action to address environmental concerns as part of its wider mandate, which extends beyond only settling disputes.

• Relief and Compensation: The NGT has the authority to compensate and provide remedy to those who have suffered from pollution and other types of environmental harm.

• Penalty for Non-compliance: The NGT Act lays out a process for penalties if violations happen.

• Execution of Orders: The NGT's decisions, awards, and orders may be carried out as civil court decrees.

Concerns regarding National Green Tribunal

• Absence of Judicial Oversight: These committees' reports were frequently adopted without hearing from the impacted parties, which violated natural justice norms.

• Pendency of cases: Lack of funding and people has resulted in a high case backlog, undermining NGT's primary goal of processing appeals within six months.

• Concern about Polluter Pays Principle: The self-made report that the NGT released contains errors and ignores the decisions made in opposition to the orders imposing Environmental Compensation.

• Lack of Transparency and Credibility: Self- assessment casts doubt on the report's neutrality and reliability and undermines the NGT's reputation as an impartial judiciary.

• Bias against Industry and Economic Development: NGT decisions have been criticized and contested for their impact on economic growth and development.

Way Forward

• Prioritizing balance between Sustainability and Development: Reforms should ensure that ecological concerns and economic growth are balanced by striking a balance between environmental conservation and sustainable development.

• Transparent and Accountable Performance Evaluation: Without relying to self-certification or subjective assessments, the NGT's performance review process ought to be transparent and accountable.

• Capacity Building: Invest in the NGT's capacity building by recruiting skilled staff and providing training to improve the tribunal's ability to handle challenging environmental issues.

• Rebuilding Bar-Bench Relationship: It is necessary to resolve the strained relationship that exists between the bench (NGT members) and the bar (lawyers) for effectively representing parties involved in environmental litigation and facilitating positive debate on environmental issues.

• Judicial Oversight and Natural Justice: Reforming the system is crucial to maintaining natural justice principles, improving judicial scrutiny, and guaranteeing impartial hearings and thorough case analyses.

Tags:
Environment

Keywords:
National Green Tribunal Conservation Biodiversity Pollution EPA

Syllabus:
General Studies Paper 3

Topics:
Environment and Climate Change