National Green Tribunal (NGT)

Introduction

The National Green Tribunal (NGT) is a specialized judicial body in India, established for the expeditious disposal of cases related to environmental protection and conservation of forests and other natural resources. It aims to enforce legal rights relating to the environment and provide relief and compensation for damages to people and property. This eBook delves into the significance, structure, powers, and functions of the NGT, an essential topic for UPSC aspirants.

Historical Background

The need for a dedicated environmental tribunal in India arose due to the increasing environmental challenges faced by the country, such as deforestation, pollution, and degradation of natural resources. The Supreme Court of India, through various judgments, emphasized the necessity of specialized bodies to address environmental disputes. Consequently, the National Green Tribunal Act was enacted in 2010, paving the way for the establishment of the NGT.

Timeline of Events:

1986: The enactment of the Environment Protection Act.
1992: Rio Declaration on Environment and Development emphasized sustainable development.
2010: Enactment of the NGT Act.
October 18, 2010: The NGT became operational.

Structure of the NGT

The NGT comprises:

Chairperson: A retired judge of the Supreme Court or a High Court.
Judicial Members: Judges with a legal background.
Expert Members: Individuals with expertise in environmental science, economics, or similar disciplines.

The Chairperson and other members are appointed by the Central Government in consultation with the Chief Justice of India.

Principal Bench and Regional Benches

The Principal Bench of the NGT is located in New Delhi. Additionally, regional benches are situated in Pune, Bhopal, Kolkata, and Chennai to ensure nationwide coverage.

Powers and Jurisdiction

The NGT has wide-ranging powers to adjudicate environmental issues:

Original Jurisdiction: Cases related to substantial environmental harm or pollution are directly heard by the NGT.
Appellate Jurisdiction: Appeals can be made against orders passed by statutory authorities under various environmental laws.
Compensation and Relief: The NGT can award relief and compensation to individuals or communities affected by environmental damage.

Key Legislations Covered:

The Water (Prevention and Control of Pollution) Act, 1974
The Air (Prevention and Control of Pollution) Act, 1981
The Environment (Protection) Act, 1986
The Forest Conservation Act, 1980
The Biological Diversity Act, 2002

Landmark Judgments

1. Art of Living Case (2016):

The NGT imposed a fine on the Art of Living Foundation for causing environmental damage to the Yamuna floodplains during a cultural event.

2. Sterlite Copper Case (2018):

The tribunal’s order led to the closure of the Sterlite copper plant in Tamil Nadu for non-compliance with environmental norms.

3. Vizag Gas Leak Case (2020):

The NGT directed LG Polymers to deposit ₹50 crore as interim compensation for the victims of a gas leak in Visakhapatnam.

Achievements of the NGT

Speedy Justice: Cases related to environmental degradation are resolved expeditiously.
Expertise: The inclusion of scientific and technical members ensures informed decision-making.
Public Awareness: Increased awareness about environmental laws and rights among citizens.
Significant Precedents: Landmark judgments have set legal and ethical benchmarks for environmental conservation.

Challenges and Criticisms

Limited Resources: Insufficient infrastructure and manpower hinder its efficiency.
Overlapping Jurisdiction: Conflict with other statutory authorities often leads to delays.
Enforcement Issues: Ensuring compliance with NGT orders remains a challenge.
Appeals in Higher Courts: NGT’s decisions are often challenged, leading to delays in implementation.

Way Forward

Strengthening Resources: Enhancing infrastructure and increasing the number of benches.
Capacity Building: Training judicial and technical members to deal with complex environmental issues.
Public Participation: Encouraging active involvement of communities in environmental decision-making.
Integration with Government Policies: Aligning NGT’s directives with national environmental goals.

Conclusion

The National Green Tribunal has emerged as a critical institution in India’s environmental governance framework. While it has significantly contributed to environmental protection, addressing its challenges is essential for enhancing its effectiveness. UPSC aspirants should closely study the NGT’s role, achievements, and issues to develop a comprehensive understanding of India’s commitment to sustainable development.

Maximize the benefits of mock tests for IAS and KAS preparation with guidance from Amoghavarsha IAS Academy . For more details, visit https://amoghavarshaiaskas.in/.

Youtube: click here