Model Answer
0 min readIntroduction
The increasing environmental degradation in India necessitated a specialized judicial forum for the expeditious and effective resolution of environmental disputes. Prior to 2010, environmental cases were handled by existing courts, leading to delays and a lack of specialized expertise. The National Green Tribunal (NGT) was established under the National Green Tribunal Act, 2010, as a statutory body to provide for the protection of the environment and conservation of forests and other natural resources. It aims to ensure environmental justice and promote sustainable development, functioning as a crucial pillar of India’s environmental governance framework.
Constitution of the National Green Tribunal
The NGT is comprised of a Chairperson, and a minimum of two, and a maximum of three Judicial Members and two Expert Members.
- Chairperson: A retired Judge of the Supreme Court or Chief Justice of a High Court.
- Judicial Members: Retired Judges of High Courts.
- Expert Members: Experts in environment, science, or technology with at least fifteen years of experience.
Appointments are made by a Search Committee comprising the Chief Justice of India, the Speaker of the Lok Sabha, and the Minister of Environment and Forests. The NGT’s Principal Bench is located in New Delhi, with regional benches established in Pune, Kolkata, Chennai, Bhopal, and Lucknow to facilitate accessibility.
Jurisdiction of the National Green Tribunal
The NGT has wide-ranging jurisdiction over all environmental issues. Its jurisdiction extends to:
- Enforcement of environmental laws: This includes Acts like the Water (Prevention and Control of Pollution) Act, 1974; the Air (Prevention and Control of Pollution) Act, 1981; the Environment (Protection) Act, 1986; the Forest Conservation Act, 1980; and the Biodiversity Act, 2002.
- Sustainable development: Issues relating to the implementation of principles of sustainable development.
- Damage to the environment: Cases involving harm to the environment, including pollution, deforestation, and damage to ecosystems.
- Water disputes: Disputes relating to water resources.
The NGT operates on the principle of ‘substantial question of law relating to environment’. It does not require a prior exhaustion of remedies, meaning parties can approach the NGT directly without first pursuing remedies in other courts. However, it does not have jurisdiction over matters covered under the Wildlife Protection Act, 1972.
Powers and Authority of the National Green Tribunal
The NGT possesses significant powers to ensure effective environmental justice:
- Investigative powers: The NGT can conduct site visits, collect evidence, and appoint experts to assist in investigations.
- Punitive powers: It can impose penalties, including fines and imprisonment, for non-compliance with environmental laws.
- Remedial powers: The NGT can issue directions for the restoration of damaged environments and the prevention of further harm.
- Review powers: It can review its own orders and decisions.
- Enforcement of orders: The NGT’s orders are enforceable as decrees of a civil court.
The NGT functions on the principles of natural justice and follows a relatively informal procedure, aiming for speedy disposal of cases. It can also take *suo motu* cognizance of environmental issues.
Success and Recent Cases
The NGT has achieved considerable success in addressing environmental concerns, but also faces challenges.
- Achievements: The NGT has been instrumental in curbing pollution, protecting forests, and promoting sustainable practices. It has issued numerous orders directing industries to comply with environmental norms, preventing illegal mining, and restoring degraded ecosystems.
- Challenges: Implementation of NGT orders remains a significant challenge, often hampered by bureaucratic delays and lack of political will. The NGT has also faced criticism regarding the appointment of expert members and concerns about its independence.
Recent Cases:
- M.C. Mehta v. Union of India (Yamuna Pollution): (2017) The NGT directed the Delhi government to remove encroachments along the Yamuna floodplain and prevent the dumping of waste into the river.
- Goa Foundation v. Union of India (Iron Ore Mining): (2018) The NGT imposed a ban on iron ore mining in Goa due to environmental violations, leading to significant economic disruption but also prompting reforms in mining practices.
- Original Application No. 58 of 2020 (COVID-19 and Environment): The NGT took *suo motu* cognizance of environmental issues arising from the COVID-19 pandemic, directing states to ensure proper management of biomedical waste and prevent pollution.
- Vedanta Limited v. State of Tamil Nadu (Sterlite Copper Plant): (2018) The NGT upheld the closure of the Sterlite Copper plant in Thoothukudi, Tamil Nadu, due to severe environmental pollution and public health concerns.
These cases demonstrate the NGT’s proactive role in environmental protection, but also highlight the complexities involved in balancing environmental concerns with economic development.
Conclusion
The National Green Tribunal has emerged as a vital institution for environmental justice in India, providing a specialized forum for addressing complex environmental disputes. While it has achieved significant successes in curbing pollution and protecting natural resources, challenges remain in ensuring effective implementation of its orders and maintaining its independence. Strengthening the NGT’s enforcement mechanisms, ensuring the appointment of qualified expert members, and fostering greater inter-agency coordination are crucial for enhancing its effectiveness and realizing its full potential in safeguarding India’s environment for future generations.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.