Model Answer
0 min readIntroduction
The National Green Tribunal (NGT) was established in 2010 under the National Green Tribunal Act, 2010, with the mandate to provide effective and expeditious remedies for environmental grievances. It’s a specialized fast-track court dealing with ecological issues, aiming to reduce the burden on existing courts. In recent years, the NGT has emerged as a crucial institution in enforcing environmental laws and principles, issuing significant pronouncements that have impacted various sectors. This answer will examine the NGT’s pivotal role through a review of its key judgments and their implications for environmental protection and conservation.
The National Green Tribunal: Mandate and Structure
The NGT is not bound by the rules of evidence under the Civil Procedure Code, allowing for a more flexible and expeditious approach to environmental dispute resolution. It has five Principal Benches – New Delhi, Pune, Kolkata, Chennai, and Bhopal – and can establish circuit benches at other locations. The Tribunal comprises a Chairperson, Judicial Members, and Expert Members, ensuring a blend of legal and technical expertise.
Key Pronouncements and Impact Areas
1. Pollution Control (Air & Water)
The NGT has been particularly active in addressing air and water pollution. In M.C. Mehta v. Union of India (2015), the NGT directed stringent measures to control vehicular pollution in Delhi, including phasing out older vehicles and promoting public transport. Similarly, in cases related to the pollution of the Ganga and Yamuna rivers, the NGT has issued directives to industries and local authorities to ensure compliance with pollution control norms. The Tribunal has also imposed hefty fines on polluting industries and directed them to implement remedial measures.
2. Forest Conservation and Wildlife Protection
The NGT has played a significant role in protecting forests and wildlife. In Municipal Corporation of Greater Mumbai v. Ankita Sinha & Ors (2019), the NGT directed the Mumbai Municipal Corporation to protect the mangroves in the city, recognizing their crucial role in coastal protection and biodiversity conservation. The Tribunal has also addressed issues related to illegal mining and deforestation, issuing orders to stop such activities and restore degraded forest areas.
3. Waste Management
Effective waste management has been a major focus area for the NGT. The Tribunal has consistently emphasized the importance of the ‘polluter pays’ principle and has directed local authorities to improve waste collection, segregation, and disposal infrastructure. In Vardhman Kaushik v. Union of India (2017), the NGT directed states to implement solid waste management rules effectively and to take action against those violating these rules. The NGT has also addressed the issue of plastic waste, directing states to ban single-use plastics and promote alternatives.
4. Environmental Clearances and Impact Assessment
The NGT has scrutinized environmental clearances granted for projects, ensuring that they comply with environmental regulations. It has often intervened in cases where clearances were granted without proper assessment of environmental impacts. The NGT has also emphasized the need for robust Environmental Impact Assessments (EIAs) and public participation in the decision-making process.
Challenges Faced by the NGT
- Limited Enforcement Powers: The NGT relies on state governments and other authorities for the enforcement of its orders, which can sometimes be slow or ineffective.
- Lack of Infrastructure: The NGT faces challenges related to infrastructure and staffing, particularly in regional benches.
- Technical Expertise: Maintaining a sufficient pool of expert members with diverse backgrounds is a continuous challenge.
- Judicial Review: Orders of the NGT are subject to judicial review by the Supreme Court, which can sometimes lead to delays in implementation.
Recent Developments
In recent years, there have been concerns regarding the appointments to the NGT and the potential weakening of its independence. However, the Tribunal continues to hear a large number of cases and issue significant orders, demonstrating its continued relevance in environmental governance.
Conclusion
The National Green Tribunal has undoubtedly played a pivotal role in environmental protection and conservation in India. Through its proactive approach and landmark pronouncements, it has addressed a wide range of environmental issues, from pollution control to forest conservation and waste management. While the NGT faces challenges related to enforcement, infrastructure, and judicial review, it remains a vital institution for ensuring environmental justice and sustainable development. Strengthening the NGT’s enforcement powers and ensuring its independence are crucial for maximizing its effectiveness in the years to come.
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.