Powers and Functions — Definition
Definition
The National Green Tribunal (NGT) is a specialized judicial body established under the National Green Tribunal Act, 2010, with the primary objective of providing effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
It is a crucial institution in India's environmental governance framework, designed to address the unique complexities of environmental litigation, which often requires scientific and technical expertise alongside legal acumen.
Before the NGT's establishment, environmental cases were heard by regular civil courts and High Courts, which often lacked the specialized knowledge and dedicated time required for such matters, leading to significant delays and inconsistent judgments.
The NGT was conceived to overcome these challenges, ensuring that environmental disputes are resolved swiftly and based on sound scientific principles. Its creation was also a direct outcome of India's commitment to environmental protection, enshrined in its Constitution through Articles 21 (Right to Life, interpreted to include the right to a clean environment), 48A (Directive Principle of State Policy mandating the State to protect and improve the environment), and 51A(g) (Fundamental Duty of every citizen to protect and improve the natural environment).
The NGT operates on principles of natural justice, applying the 'polluter pays' principle, the 'precautionary principle,' and the principle of 'sustainable development' in its adjudications. These principles form the bedrock of environmental law globally and guide the NGT in balancing developmental needs with ecological imperatives.
The Tribunal has five places of sitting: the Principal Bench in New Delhi, and zonal benches in Bhopal, Pune, Kolkata, and Chennai, ensuring accessibility across different regions of the country. Each bench comprises a Judicial Member and an Expert Member, reflecting the dual requirement of legal and scientific understanding in environmental jurisprudence.
This unique composition allows the NGT to delve into complex technical aspects of environmental damage, pollution control, and ecological restoration, making informed decisions that are both legally sound and scientifically robust.
The NGT's jurisdiction extends to all civil cases involving a substantial question relating to the environment, including the enforcement of legal rights related to the environment. It also has appellate jurisdiction over orders passed by various authorities under seven specific environmental laws, such as the Water (Prevention and Control of Pollution) Act, 1974; the Air (Prevention and Control of Pollution) Act, 1981; the Environment (Protection) Act, 1986; and the Forest (Conservation) Act, 1980.
This broad mandate positions the NGT as a frontline institution for environmental justice, capable of issuing directions, imposing penalties, and ordering compensation and restitution for environmental damage.
Its role is not merely adjudicatory but also includes a significant component of environmental monitoring and enforcement, often coordinating with statutory bodies like the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to ensure compliance with environmental norms.
The establishment of the NGT marked a significant step forward in India's commitment to environmental rule of law, providing a dedicated forum for citizens to seek redressal for environmental grievances and holding polluters accountable.
It embodies the spirit of environmental justice by making specialized legal recourse available to all, thereby strengthening the protection of India's natural heritage.