National Green Tribunal (NGT) was constituted on October 18, 2010 by theNational Green Tribunal (NGT Act of 2010. It is a specialist body tasked with resolving environmental disputes including multidisciplinary difficulties. It took the place of the National Environment Appellate Authority. The Tribunal's principal place of sitting is New Delhi, while the other four places of sitting are Bhopal, Pune, Kolkata, and Chennai.

There have been questions on the topic of the  National Green Tribunal (NGT) in the UPSC exams earlier. This article explains about the National Green Tribunal (NGT), Composition and Related issues are useful for Prelims 2023 preparation and UPSC Mains 2023 as well.

National Green Tribunal - Composition

NGT - Background

• The Chief Justice of India, Justice P.N. Bhagwati, had advised the central government in the M.C. Mehta and Anr. Etc Vs Union of India case in 1986 that it could be beneficial to set up Environmental Courts on a regional basis.
• In the landmark case A.P. Pollution Control Board Vs Prof. M.V. Nayudu, the Supreme Court cited his observations in 1999. The court stressed the importance of a court made up of judges and technical specialists once more. The SC could hear an appeal from such a court.
• India promised at the 1992 Earth Summit that victims of pollution and other environmental disasters would have access to judicial and administrative remedies..
• The parliament itself had passed laws about the establishment of the National Environmental Tribunal (1995) and a National Environmental Appellate Tribunal (1997). The appellate tribunal in this act was envisaged to award compensations in case of environmental damages.
• Finally, the NGT act was passed in the parliament in 2010 and in October 2010 the NGT was instituted.
• The formation of NGT was not without any difficulties as many petitions against it were filed but the final institutionalization was done in 2010 and it started working in early 2011.

National Green Tribunal - Functions

• To resolve cases involving the environment in a timely and effective manner. The NGT is in charge of matters involving,
• Protection of the environment
• The NGT has control over the government's environmental clearances for projects.
• Forest and other natural resource conservation.
• Any legal right connected to the environment that needs to be enforced.
• For damages to individuals and property, relief and compensation are available.
• The Tribunal's decisions are binding. The Tribunal's orders are enforceable because the Tribunal has the same powers as a civil court under the Code of Civil Procedure, 1908.

Time Period

• The NGT is required to issue a final decision on petitions or appeals within six months of their submission.

Punishment for failure to comply with an NGT Order

• If a project proponent or any authority fails to follow the orders in an NGT ruling, the punishment might be three years in prison or a fine of up to ten crores, or both. 
• Continued failure to comply will result in a punishment of 25,000 rupees each day.

Jurisdiction of NGT

• The NGT has the power to hear all civil cases relating to environmental issues and questions that are linked to the implementation of laws listed in Schedule I of the NGT Act. 
• These include the following:
  • The Water (Prevention and Control of Pollution) Act, 1974;
  • The Water (Prevention and Control of Pollution) Cess Act, 1977;
  • The Forest (Conservation) Act, 1980;
  • The Air (Prevention and Control of Pollution) Act, 1981;
  • The Environment (Protection) Act, 1986;
  • The Public Liability Insurance Act, 1991;
  • The Biological Diversity Act, 2002.
• This implies that any violations of these laws, or any order or decision made by the government in accordance with these laws, can be challenged before the NGT. 
• Importantly, the NGT has not been given the authority to consider cases pertaining to the Wildlife (Protection) Act, 1972, the Indian Forest Act, 1927, and several state legislation dealing with forests, tree preservation, and so on. 
• As a result, specific and significant questions relating to these laws cannot be submitted before the NGT. 

Some of the landmark judgments of NGT

• In the Almitra H Patel Vs Union of India case, it directed states to implement solid waste management rules and prohibited open burning of waste on lands.
• It suspended the clearance given to the South Korean steelmaker, POSCO, to set up a 12 million-tonne steel plant in Odisha.
• Hearing the Save Mon Federation Vs Union of India case, the NGT suspended a ₹6,400-crore hydro project, to save the habitat of a bird.
• Projects such as the Aranmula Airport in Kerala, the Lower Demwe Hydro Power Project and Nyamnjangu in Arunachal Pradesh, mining projects in Goa, and coal mining projects in Chhattisgarh were either abandoned or new evaluations were ordered.
• The Alaknanda Hydro Power Co. Ltd. was compelled to compensate the petitioner in the Uttarakhand floods case in 2013 — the NGT directly relied on the principle of "polluter pays" in this instance.
• The National Green Tribunal (NGT) ruled in 2015 that all diesel vehicles older than ten years will be prohibited from operating in Delhi-NCR.
• The NGT panel levied a penalty of Rs. 5 crore in 2017 after the Art of Living Festival on the Yamuna Food Plain was found to be in violation of environmental regulations.

Issues related to NGT

• The NGT's authority is restricted. The Wildlife Protection Act of 1972 and the Forest Rights Act of 2006 are two major acts that are not covered by it.
• Despite the fact that the NGT has a minimum sanctioned strength of ten members, the government has yet to fill the slots. Each judicial and expert member has just three votes.
• Experts are all from the Indian Forest Services. As a result, the majority of technical work is outsourced. It causes a pause in the proceedings.
• Despite the fact that the NGT is a tribunal, the Supreme Court has allowed appeals from NGT decisions under Article 136 to be heard. Furthermore, NGT appeal cases can be heard by individual High Courts under the judicial review principle.
• The NGT has no enforcement powers, thus once a judgement is issued, it is up to the governments to follow through, which they usually do not.
• Despite the fact that the NGT's reach has expanded, seats are still only available in major cities. As a result, the decentralization thesis does not stand up to scrutiny.

Way forward

• To harmonize the environmental adjudication procedure, the Wildlife Act and the Forest Rights Act must be brought within the jurisdiction of the NGT.
• Judge and expert openings must be filled quickly, and the experts must be impartial and have experience in environmental study and action.
• For complete justice to be served, the NGT must be given tribunal powers to follow up on the verdict and enforce its rulings.
• Instead of going to the HCs or the SC, NGT should be able to make an intra-tribunal appeal to a larger bench.
• The Supreme Court must use its special leave jurisdiction under article 136 very conservatively as SC itself has declared in the past that environmental cases need special expertise.

Conclusion

When it comes to the development vs. environment issue, the NGT is an important institution since it gives credible cases for the environment. Furthermore, there is widespread agreement that the environment should be included as an intrinsic part of the development process. The NGT must be reinforced in order for it to be able to better safeguard the environment and enable governments to pursue a sustainable development path.

FAQs

Q1: What is the purpose of the National Green Tribunal (NGT)?

Q2: When was the NGT established?

Q3: How is NGT different from regular courts?

Q4: What types of cases does NGT handle?

Q5: Where are the NGT’s benches located?

MCQs

1. What is the primary role of the NGT?

a) Safeguard human rights

b) Handle environmental disputes

c) Resolve property disputes

d) Conduct criminal trials

2. Under which act was the NGT established?

a) Environment Protection Act, 1986

b) Air (Prevention and Control of Pollution) Act, 1981

c) National Green Tribunal Act, 2010

d) Forest Conservation Act, 1980

3. Who heads the NGT?

a) President of India

b) Chief Justice of India

c) Chairperson with judicial experience

d) Union Environment Minister

4. Which principle does the NGT primarily follow in its decisions?

a) Eminent Domain

b) Polluter Pays

c) Collective Responsibility

d) Principle of Natural Justice

5. Which type of bench does the NGT operate under?

a) Constitutional Bench

b) Principal and Regional Benches

c) Arbitration Panels

d) Criminal Appellate Benches

GS Mains Questions and Model Answers

Q1: Discuss the role of the National Green Tribunal (NGT) in environmental governance in India.

Answer: The NGT plays a critical role in strengthening environmental governance by providing a dedicated platform for the resolution of environmental disputes. It ensures the enforcement of environmental laws, upholding principles like “Polluter Pays” and “Precautionary Principle.” The tribunal enables faster decision-making, reduces the burden on regular courts, and promotes environmental conservation. However, challenges like limited enforcement capacity and resource constraints persist. Strengthening the NGT is vital to achieving sustainable environmental governance in India.

Q2: Evaluate the significance of the “Polluter Pays” principle in the decisions of NGT.

Answer: The "Polluter Pays" principle, a cornerstone of NGT’s decisions, ensures that environmental violators are held financially responsible for damages. This principle acts as a deterrent against pollution, incentivizing industries to adopt eco-friendly practices. By mandating compensation for affected communities and remediation efforts, NGT promotes accountability and environmental justice. However, consistent enforcement of this principle across sectors remains a challenge, necessitating stronger monitoring mechanisms.

Q3: What are the challenges faced by the NGT, and how can its effectiveness be enhanced?

Answer: The NGT faces challenges such as delays in compliance with orders, lack of adequate staff, and limited jurisdiction in certain areas. Strengthening the tribunal with more benches, trained personnel, and adequate resources can enhance its efficiency. Furthermore, integrating technology for monitoring and ensuring timely implementation of orders will improve the tribunal’s effectiveness. Collaboration between NGT, state authorities, and civil society is essential to achieve long-term environmental conservation.

Previous Year Questions on  National Green Tribunal

1. UPSC CSE 2019

Question: "Evaluate the effectiveness of the National Green Tribunal in addressing environmental issues." 

Answer: The NGT has been instrumental in addressing environmental issues through timely decisions and enforcement of laws. It provides specialized forums for environmental cases, which ensures faster judgments compared to regular courts. Landmark decisions, such as penalizing polluting industries and protecting ecologically sensitive areas, reflect its proactive approach. However, the tribunal faces challenges like non-compliance with orders and insufficient regional presence. Strengthening coordination with local bodies and expanding its jurisdiction will enhance its impact on environmental governance.

2. UPSC CSE 2021

Question: "Discuss the impact of the ‘Polluter Pays’ principle on environmental policy in India." 

Answer: The "Polluter Pays" principle, widely adopted by the NGT, has influenced environmental policy by holding polluters accountable for damage. It ensures that industries internalize environmental costs, leading to sustainable practices. This principle fosters greater environmental responsibility, as violators must pay for restoration efforts and compensate affected communities. However, effective enforcement across sectors remains challenging, and industries often seek ways to evade penalties. Strengthening regulatory frameworks and improving monitoring mechanisms are essential to fully realize the potential of this principle in shaping environmental policy.