National Green Tribunal (NGT) – UPSC Notes

The National Green Tribunal (NGT) is a statutory body in India set up under the National Green Tribunal Act (2010) for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources. It draws inspiration from Article 21 of the Indian Constitution which assures the right to a healthy environment. It comprises judicial and expert members, headed by a chairperson. The Headquarters of the National Green Tribunal (NGT) is in New Delhi and the Regional benches are:

1. Bhopal: Central Zone Bench
2. Pune: Western Zone Bench
3. Kolkata: Eastern Zone Bench
4. Chennai: Southern Zone Bench

What is National Green Tribunal (NGT)?

The National Green Tribunal (NGT) in India was established in response to the growing need for a specialized forum to address environmental issues and ensure effective enforcement of environmental laws. The Tribunal was set up as per recommendations of the Supreme Court, Law Commission, and India’s international law obligations to develop national laws on the environment and implement them effectively. This was in line with India’s commitment to sustainable development and conservation of its natural resources. The NGT was officially established on October 18, 2010, with the enactment of the National Green Tribunal Act, 2010. India is the third country in the world to establish an environmental tribunal, after Australia and New Zealand. The current Chairman of NGT is Justice Prakash Shrivastava.

Objective and Mandate of National Green Tribunal

The National Green Tribunal (NGT) was formed to deal with cases related to environmental issues, including forest conservation, air and water pollution, and wildlife protection. It also enforces legal rights relating to the environment and provides relief and compensation for damages to persons and property and for concerned matters. The NGT is mandated to dispose of the applications or appeals within 6 months of filing of the case. The application can be filled in the English language only.

Composition of National Green Tribunal

NGT consists of both judicial and expert members and a chairperson.

• There should be minimum of 10 members and maximum of 20 members. There should be ten Judicial Members and ten Expert Members.
• The chairperson should be a retired Supreme court judge and is appointed by the Central Government in consultation with Chief Justice of India.
• A Selection Committee is formed by the central government of India for the appointment of Judicial Members and Expert Members.
• The Judicial members of the tribunal should be retired Judge of the High Courts. Expert members should have a minimum experience of 15 years in the subjects related to forest conservation and environment.
• They shall hold office for term of five years or till the age of sixty-five years, whichever is earlier. They are not eligible for reappointment. 

Powers and Jurisdiction of NGT

The NGT is a quasi- judicial body which has jurisdiction over all civil cases that involve a substantial question relating to the environment. This includes cases related to the conservation of forests, protection of wildlife, prevention and control of pollution, and other environmental matters. It has the following powers and jurisdiction:

• The NGT has the authority to hear appeals against orders and decisions of various regulatory bodies and authorities related to environmental issues.
• It can provide relief and compensation to victims of environmental damage or degradation. It look after the implementation of the Envrionment impact assessment process.
• The NGT can take suo-motu cognizance of environmental matters. This means that the tribunal can initiate legal proceedings on its own.
• The NGT is not bound by the procedure laid down by the Code of Civil Procedure, 1908, but it is guided by principles of natural justice.
• The tribunal has the power to regulate its own procedure to ensure the expeditious disposal of cases.
• The NGT can review its own orders and the decision of the tribunal can be challenged before the Supreme Court within ninety days.
• Tribunal can not hear cases covered under the Indian Forest Act, 1927, The Wildlife (Protection) Act, 1972, and any other laws made by States which are related to protection of trees, forests, etc.
• The Tribunal is an open court and its proceedings can be attended in person.
• The decisions of the tribunal are binding.
• In the absence of full strength of judicial and expert members in regional benches of the Tribunal situated in Chennai, Pune, Bhopal and Kolkata, the Principal Bench in New Delhi is hearing applications from other jurisdictions remotely by video conferencing to meet the needs of the litigants.
• The NGT deals with civil cases under the seven laws related to the environment, these include:
  1. The Water (Prevention and Control of Pollution) Act, 1974,
  2. The Water (Prevention and Control of Pollution) Cess Act, 1977,
  3. The Forest (Conservation) Act, 1980,
  4. The Air (Prevention and Control of Pollution) Act, 1981,
  5. The Environment (Protection) Act, 1986,
  6. The Public Liability Insurance Act, 1991 and
  7. The Biological Diversity Act, 2002.

Importance of National Green Tribunal

The importance of National Green Tribunal are as follows:

• NGT provide a speedy resolution of environmental disputes and addresses urgent matters related to environmental degradation, pollution, and conservation.
• NGT plays an important role in ensuring the effective implementation of environmental laws and regulations.
• It set precedents through various landmark judgement.
• Encourages public participation in environmental protection.
• It allow maintain balance between development with conservation for sustainable practices.
• It encourages alternative dispute resolution mechanisms, such as mediation and conciliation for speedy resolution of cases.

Challenges of the National Green Tribunal

The challenges related to the National Green Tribunal are:

• Tribunal can not hear cases covered under the Indian Forest Act, 1927, The Wildlife (Protection) Act, 1972, and any other laws made by States which are related to protection of trees, forests, etc. It limits the authority of the tribunal on these matters.
• Limited financial and human resources reduces the effectiveness of the tribunal.
• Backlog of cases can impede the NGT’s ability to provide timely resolutions.
• Challenges in ensuring the effective implementation of judgments and compliance by parties.
• Issues in coordinating with other regulatory bodies and agencies.
• Aligning NGT decisions with national policies and development goals.
• Limited public awareness affects the participation in environmental matters.

Landmark Judgments of NGT

Landmark Judgments in relation to the NGT are:

1. Ms Betty C. Alvares Case (2014): The National Green Tribunal laid down that without regard to the question of nationality, a person can file a case related to an environmental issue.
2. Yamuna Pollution Case (2015): NGT directed authorities to take urgent measures to control pollution in the Yamuna River. It emphasised that steps strict should be taken to protect water bodies.
3. Art of Living Foundation Event (2016): NGT imposed a fine on the Art of Living Foundation for environmental damage caused during the World Culture Festival held on the Yamuna floodplains.
4. Okhla Bird Sanctuary Case (2015): NGT imposed restrictions on developmental activities around the Okhla Bird Sanctuary in Delhi, emphasizing the need to protect ecologically sensitive areas.
5. Kaziranga National Park (2016): Directed the closure of resorts and hotels within 10 km of Kaziranga National Park to protect the habitat of the one-horned rhinoceros.
6. Ganga River Water Pollution (2017): Ordered authorities to take immediate action to control pollution in the Ganga River, highlighting the urgency of addressing water pollution issues.

Way Forward

To enhance the effectiveness of the NGT the following steps can be taken:

• To reduce the backlog effective case management strategies should be used.
• Increase awareness about the role and procedure of the NGT.
• Strengthen coordination with other regulatory bodies and agencies to streamline processes.
• Alternate dispute resolution mechanisms can be used to expedite certain types of environmental cases.
• Invest in training and capacity building for NGT members and staff.
• Increase the use of the technology to increase the efficiency.

FAQs and MCQs on National Green Tribunal (NGT)

1. Who is the present chairman of National Green Tribunal?

Justice Prakash Shrivastava is the chairman of National Green Tribunal, since August 21, 2023.  He was previously the Chief Justice of the Calcutta High Court.

2. What is the role of National Green Tribunal?

National Green Tribunal deals with the speedy disposal of cases relating to environmental protection and conservation of forests and other natural resources.

3. How many national green tribunals are there in India?

India has one National Green Tribunal with its headquarter at New Delhi. Regional benches are at Bhopal, Kolkata, Chennai and Pune.

4. What is National Green Tribunal guided by?

National Green Tribunal is not bound by the procedure laid down by the Code of Civil Procedure, 1908, but it is guided by principles of natural justice.

5. Is NGT an independent body?

Yes, the National Green Tribunal (NGT) is an independent quasi-judicial body in India. It was established under the National Green Tribunal Act, 2010. It addresses the environmental disputes and ensures the enforcement of environmental laws.

6. What type of body is the NGT?

NGT is quasi Judicial body with the authority to hear and adjudicate on civil cases related to environmental issues. It functions independently to ensure the effective resolution and enforcement of environmental laws.

7. Is National Green Tribunal a constitutional body?

The National Green Tribunal (NGT) is a statutory body that was established by the National Green Tribunal Act, 2010. It was set up to deal with the cases related to environmental issues.