Model Answer
0 min readIntroduction
The concept of ‘Green Benches’ in the Indian higher judiciary emerged as a response to the increasing volume and complexity of environmental disputes. Traditionally, environmental cases were adjudicated by regular benches, often lacking specialized knowledge of ecological issues. The growing public awareness regarding environmental degradation, coupled with landmark judgments and legislative changes, created a need for a dedicated mechanism to address these concerns effectively. The genesis of Green Benches can be traced back to the 1980s, spurred by the Bhopal Gas Tragedy (1984) and the subsequent public interest litigations (PILs) related to environmental protection. These benches represent a significant step towards environmental justice and sustainable development.
Historical Context and Genesis (1980s-1990s)
The initial impetus for Green Benches came from the increasing number of environmental PILs filed in the Supreme Court and High Courts. The Bhopal Gas Tragedy highlighted the inadequacy of existing legal frameworks and the need for specialized handling of environmental disasters. Landmark cases like M.C. Mehta v. Union of India (1987), concerning pollution of the Ganga River, and Vellore Citizens Welfare Forum v. Union of India (1996), establishing the ‘polluter pays’ principle, demonstrated the growing importance of environmental jurisprudence.
In 1992, the Supreme Court, recognizing the specialized nature of environmental issues, started constituting special benches to hear environmental matters. These were not formally designated as ‘Green Benches’ initially, but they laid the foundation for their eventual establishment.
Formalization and Key Developments (2000s-2010s)
The formalization of ‘Green Benches’ occurred in the early 2000s. The Supreme Court constituted dedicated Green Benches, initially on an ad-hoc basis, and later with more regular composition. These benches were typically composed of judges with an interest in environmental law and often included experts in relevant fields.
National Green Tribunal (NGT) Act, 2010 was a watershed moment. This Act provided for the establishment of the NGT, a specialized judicial body dedicated to the expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources. The NGT effectively took over much of the workload previously handled by the Green Benches of the High Courts.
The Supreme Court continued to constitute Green Benches for cases involving significant environmental issues or those requiring constitutional interpretation. Cases like Goa Foundation v. State of Goa (2015), concerning illegal mining, were heard by dedicated Green Benches.
Current Status and Criticisms
Currently, the Supreme Court periodically constitutes Green Benches as needed. The NGT handles a large volume of environmental cases at the national level, while High Courts also maintain some capacity to hear environmental matters. However, the functioning of Green Benches and the NGT has faced criticisms:
- Lack of Regularity: The ad-hoc nature of Green Bench constitution in the Supreme Court can lead to delays and inconsistencies.
- Infrastructure and Resources: The NGT has faced challenges related to infrastructure, staffing, and funding.
- Enforcement Issues: Effective enforcement of NGT orders and Supreme Court judgments remains a significant challenge.
- Judicial Overreach: Concerns have been raised about the NGT sometimes exceeding its jurisdiction.
Despite these criticisms, Green Benches and the NGT have played a crucial role in shaping environmental law and policy in India. They have contributed to increased environmental awareness, stricter enforcement of environmental regulations, and the development of a robust body of environmental jurisprudence.
| Institution | Jurisdiction | Key Features |
|---|---|---|
| Supreme Court Green Benches | National (Constitutional matters, significant environmental issues) | Ad-hoc constitution, handles complex cases, constitutional interpretation. |
| National Green Tribunal (NGT) | National (Environmental protection & conservation) | Specialized tribunal, expeditious disposal of cases, technical expertise. |
| High Court Green Benches | State-level (Environmental matters within state jurisdiction) | Handles routine environmental cases, PILs, enforcement of regulations. |
Conclusion
The evolution of ‘Green Benches’ in the Indian higher judiciary reflects a growing recognition of the importance of environmental protection and the need for specialized mechanisms to address environmental disputes. While the NGT has taken on a significant role, the Supreme Court’s Green Benches remain vital for handling complex constitutional issues and setting legal precedents. Addressing the challenges related to regularity, resources, and enforcement will be crucial to ensure the continued effectiveness of these specialized benches in safeguarding India’s environment for future generations.
Answer Length
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