Powers and Functions

The National Green Tribunal (NGT), established under the NGT Act, 2010, is a specialized quasi-judicial body dedicated to environmental protection and the conservation of natural resources. It was created to provide expeditious and effective justice in environmental matters, addressing the limitations of traditional courts that often lacked the necessary scientific and technical expertise.

The NGT's foundational principles are the 'polluter pays' principle, the 'precautionary principle,' and 'sustainable development,' which guide its adjudications. Its constitutional basis lies in Articles 21, 48A, and 51A(g), which collectively underscore the right to a healthy environment and the State's duty to protect it.

The NGT exercises both original and appellate jurisdiction. Its original jurisdiction (Section 14) covers all civil cases involving a 'substantial question relating to the environment,' allowing it to directly hear complex environmental disputes.

The appellate jurisdiction (Section 16) enables it to hear appeals against orders from various authorities under seven key environmental laws, including the Environment (Protection) Act, 1986, Water Act, 1974, and Air Act, 1981.

A crucial power is its ability to grant relief and compensation (Section 15) for environmental damage, including restitution of property and the environment itself. The NGT can also review its own orders (Section 22) and, through judicial interpretation, exercises suo moto powers to take cognizance of environmental issues.

It has significant authority to impose penalties (Section 26) for non-compliance, with fines reaching up to ₹25 crore for companies. Its orders are enforceable as civil court decrees (Section 25), and it frequently coordinates with regulatory bodies like the CPCB and SPCBs to ensure compliance.

The NGT's unique composition of judicial and expert members facilitates informed decision-making, making it a vital institution for environmental justice in India.