“National Green Tribunal is viewed by many critics as a hindrance to economic development.” Evaluate the statomont and give arguments in support of your answer.

Arguments Supporting the Criticism

Several arguments support the view that the NGT hinders economic development:

• Project Delays & Costs: NGT orders often lead to project delays due to the need for environmental clearances, impact assessments, or modifications to plans. This increases project costs and can discourage investment. For example, the NGT’s intervention in the construction of the Char Dham road project in Uttarakhand led to significant delays and increased costs.
• Lack of Procedural Fairness: Critics argue that the NGT sometimes lacks procedural fairness, issuing orders without adequate opportunity for affected parties to present their case. This can lead to arbitrary decisions and legal challenges.
• Overreach & Judicial Activism: Some perceive the NGT as overstepping its jurisdiction and engaging in judicial activism, interfering with policy decisions that should be the domain of the executive.
• Impact on Small & Medium Enterprises (SMEs): SMEs often lack the resources to comply with stringent environmental regulations imposed by the NGT, leading to closures and job losses.
• Uncertainty & Investment Climate: Frequent interventions and unpredictable orders create uncertainty for investors, discouraging long-term investments in environmentally sensitive sectors.

Arguments in Favor of the NGT

Despite the criticisms, the NGT plays a vital role in environmental protection and sustainable development:

• Environmental Safeguards: The NGT ensures that economic development does not come at the cost of environmental degradation. It enforces environmental laws and regulations, protecting natural resources for future generations.
• Access to Justice: The NGT provides a relatively accessible and affordable forum for environmental grievances, empowering citizens to seek redressal for environmental harm.
• Pollution Control: The NGT has been instrumental in controlling pollution from industries, vehicles, and other sources. Its orders have led to improvements in air and water quality in several cities. For instance, the NGT’s intervention in controlling vehicular pollution in Delhi-NCR has led to the implementation of stricter emission standards and the promotion of public transport.
• Remediation of Environmental Damage: The NGT has ordered polluters to pay compensation for environmental damage and undertake remediation measures. This holds polluters accountable for their actions and incentivizes responsible environmental behavior.
• Promoting Sustainable Development: By enforcing environmental regulations, the NGT promotes sustainable development practices that balance economic growth with environmental protection.

Balancing Economic Development and Environmental Protection

The conflict between economic development and environmental protection is inherent. However, a balanced approach is crucial. The NGT’s role is not to obstruct development but to ensure that it is environmentally sustainable. This requires:

• Streamlining Procedures: Simplifying environmental clearance processes and reducing bureaucratic delays.
• Capacity Building: Strengthening the NGT’s capacity to handle complex environmental cases efficiently.
• Stakeholder Consultation: Encouraging greater consultation with stakeholders, including industries and local communities, before issuing orders.
• Clear Guidelines: Developing clear guidelines and standards for environmental impact assessment and pollution control.

The Supreme Court has also upheld the NGT’s authority in several cases, recognizing its importance in environmental governance. However, it has also cautioned against overreach and emphasized the need for due process.