The National Green Tribunal (NGT) was formed on October 18, 2010, by the NGT Act of 2010 as a specialized body to handle any environmental disputes including multi-disciplinary difficulties. It took the place of the National Environment Appellate Authority. It is also inspired by Article 21 of the Indian Constitution, which guarantees the residents of India a healthy environment. This article will explain to you about the National Green Tribunal (NGT) which will be helpful in preparing the Environment Syllabus for the UPSC Civil Service exam.

National Green Tribunal (NGT) Act, 2010

• The National Green Tribunal Act, 2010 is an Act of the Indian Parliament that allows for the establishment of a special tribunal to handle the fast resolution of environmental complaints.
• It is inspired by India's constitutional provision of Article 21 - Protection of life and personal liberty, which guarantees the right to a healthy environment to all inhabitants of India.
• The National Green Tribunal Act of 2010 provides for the effective and expeditious resolution of cases involving environmental protection and the conservation of forests and other natural resources.
• As well as the enforcement of any legal right relating to the environment and the provision of relief and compensation for damages to persons and property, as well as matters connected with or incidental thereto.
• It is a specialist body with the required ability to resolve multi-disciplinary environmental disputes.

Structure of the National Green Tribunal (NGT)

• The Tribunal is made up of a Chairperson, Judicial Members, and Expert Members.
• They are appointed for a five-year term and are not eligible for reappointment.
• The Central Government appoints the Chairperson in collaboration with the Chief Justice of India (CJI).
• The national government will organize a Selection Committee to designate Judicial and Expert Members.
• The tribunal must have at least 10 and no more than 20 full-time Judicial and Expert Members.

National Green Tribunal (NGT) - Powers and Jurisdiction

• The Tribunal has jurisdiction over all civil proceedings involving significant environmental issues (including enforcement of any legal right relating to the environment).
• As a statutory adjudicatory body, the NGT, like the Courts, has appellate jurisdiction to consider appeals in addition to original jurisdiction on the filing of an application (Tribunal).
• The Tribunal is not bound by the method outlined in the Code of Civil Procedure 1908, but rather by the principles of 'natural justice.'
• It shall apply the principles of sustainable development, the precautionary principle, and the polluter pays principle when giving any order/decision/award.
• By order, the NGT can provide:
• relief and compensation to victims of pollution and other environmental damage (including accidents happening when handling any hazardous chemical), property restoration, and
• for environmental reparation in such areas or regions as the Tribunal deems appropriate.
• A Tribunal order/decision/award is enforceable as a civil court decree.
• The NGT Act also includes a penalty procedure for non-compliance:
• Imprisonment for a term of up to three years,
• A fine of up to ten crore rupees is possible,
• Both fines and jail are possible.
• An appeal against an NGT order/decision/award must be filed with the Supreme Court within ninety days of transmission.
• The NGT hears civil cases under the seven environmental statutes, which are as follows:
  • 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
• Any breach of these laws, or any decision made by the government in accordance with these rules, can be brought before the NGT.
• Strengths of the National Green Tribunal (NGT)
• The NGT has developed as a key player in environmental control over the years, issuing tough directives on topics ranging from pollution to deforestation to waste management.
• By establishing an alternative dispute resolution process, the NGT paves the way for the expansion of environmental law.
• It contributes to lessening the burden of environmental litigation in higher courts.
• NGT is a less formal, less expensive, and speedier means to settle environmental issues.
• It is critical in reducing environmentally destructive practices.
• Because the Chairperson and members are not eligible for reappointment, they are more likely to make decisions independently, without submitting to pressure from any source.
• The NGT has played an important role in ensuring that the Environmental Impact Assessment process is carefully followed.

National Green Tribunal (NGT) - Challenges

• The NGT lacks jurisdiction over two major acts: the Wildlife (Protection) Act of 1972 and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act of 2006.
• This limits the NGT's authority and, at times, impedes its operation, as critical forest rights issues are inextricably related to the environment.
• The NGT verdicts are being challenged in several High Courts under Article 226 (authority of High Courts to issue certain writs), with many arguing the superiority of a High Court over the NGT, claiming that "the High Court is a constitutional body, whereas the NGT is a statutory one."
• This is one of the Act's flaws since there is a lack of clarity on what types of decisions can be challenged, despite the fact that, according to the NGT Act, its decision can be appealed before the Supreme Court.
• NGT decisions have also been criticized and questioned because of their implications for economic growth and development.
• The tribunal has also faced criticism for the lack of a formula-based method for assessing compensation.
• The NGT's decisions are not fully implemented by stakeholders or the government. Its judgments are sometimes pointed out as being impractical to implement within a specified timeframe.
• The lack of human and financial resources has resulted in a high number of cases pending, undermining the NGT's stated goal of resolving appeals within 6 months.
• The insufficient number of regional benches also impedes the justice delivery mechanism.

National Green Tribunal (NGT) - Landmark Judgements

• POSCO, a steelmaker, struck an agreement with the Odisha government in 2012 to establish a steel plant. The NGT postponed the order, which was viewed as a dramatic step in favour of local communities and forests.
• In the 2012 Almitra H. Patel vs. Union of India case, the National Green Tribunal issued a judgement prohibiting open burning of rubbish on lands, including landfills - widely recognised as the single most important landmark case dealing with the subject of solid waste management in India.
• In the Uttarakhand floods case in 2013, the Alaknanda Hydro Power Co. Ltd. was compelled to compensate the petitioner - here, the NGT squarely relied on the 'polluter pays' premise.
• The NGT ruled in 2015 that all diesel vehicles older than ten years will be prohibited from operating in Delhi-NCR.
• The Art of Living Festival on Yamuna Food Plain was considered an environmental violation in 2017, and the NGT panel assessed a Rs. 5 crore penalty.
• In 2017, the NGT placed an interim ban on plastic bags with a thickness of fewer than 50 microns in Delhi because "they were causing animal fatalities, blocking sewers, and damaging the environment."

Conclusion

According to the National Green Tribunal Act, the National Green Tribunal was established in 2010 as a specialised judicial body with expertise solely for the purpose of adjudicating environmental cases in the country. Recognizing that most environmental cases involve multi-disciplinary issues that are best addressed in a specialised forum, the Tribunal was established in accordance with Supreme Court, Law Commission, and India's international law obligations to develop and effectively implement national environmental laws.

FAQs

MCQs

1. Which of the following is the main function of the National Green Tribunal (NGT)?

A) To issue orders on environmental protection and conservation
B) To regulate industrial activities
C) To control the emission of greenhouse gases
D) To regulate water resources across the country

2. Under which Act was the National Green Tribunal (NGT) established?

A) Environment Protection Act, 1986
B) Forest Conservation Act, 1980
C) National Green Tribunal Act, 2010
D) Air (Prevention and Control of Pollution) Act, 1981

3. Who appoints the chairperson of the National Green Tribunal?

A) The Prime Minister
B) The President of India
C) The Chief Justice of India
D) The Union Minister of Environment

4. What is the maximum fine that the NGT can impose for environmental violations?

A) Rs. 10 lakh
B) Rs. 1 crore
C) Rs. 50 crore
D) No limit on fines

5. How does the NGT help in implementing environmental laws in India?

A) By issuing guidelines for sustainable development
B) By interpreting and enforcing environmental laws
C) By promoting green technologies
D) By conducting environmental awareness campaigns

GS Mains Questions and Model Answers

Q1: Discuss the role of the National Green Tribunal in the enforcement of environmental justice in India.

Answer: The National Green Tribunal plays a vital role in environmental justice in India by providing a dedicated forum for the swift and effective resolution of environmental disputes. Unlike traditional courts, the NGT is equipped with expert members who specialize in environmental issues, allowing for informed and timely decisions. It has the authority to pass orders for the restoration of environmental conditions, impose penalties, and ensure that violators are held accountable for their actions. The NGT ensures the enforcement of laws related to air, water, and land pollution, conservation of forests, wildlife protection, and biodiversity preservation, making it an essential pillar for environmental governance in India.

Q2: What are the challenges faced by the National Green Tribunal in ensuring environmental protection in India?

Answer: While the NGT has made significant strides in promoting environmental justice, it faces several challenges, including delays in legal proceedings, the lack of adequate infrastructure and resources, and the complexity of enforcing its orders at the grassroots level. Furthermore, there are challenges related to the effective implementation of its decisions, as some state governments and industries may not fully comply with NGT rulings. The tribunal also faces pressure from the growing number of environmental violations and the need for quicker adjudication. Strengthening its institutional capacity and increasing awareness about its role among the public could help overcome these barriers.

Q3: Evaluate the role of the National Green Tribunal in dealing with industrial pollution and its impact on public health.

Answer: The National Green Tribunal plays a crucial role in addressing industrial pollution, which is one of the major environmental challenges in India. By hearing cases related to industrial emissions, waste management, and environmental degradation caused by industries, the NGT ensures that industries are held accountable for their actions. The tribunal’s decisions have led to the closure of polluting units, imposition of fines, and the implementation of corrective measures. In terms of public health, the NGT's rulings help reduce pollution levels in air, water, and soil, thereby improving the quality of life for communities living in industrial areas. Its proactive approach to industrial regulation is essential for ensuring sustainable industrial growth while safeguarding public health and the environment.

Previous Year Questions on NGT

1. UPSC CSE Prelims 2020:

Question: The National Green Tribunal (NGT) was established for the purpose of:

A) Protecting the rights of consumers
B) Providing speedy redressal of environmental disputes
C) Enforcing intellectual property laws
D) Regulating pollution in cities

Answer: (B)

Explanation: The NGT was established to provide a dedicated forum for the swift resolution of environmental disputes and issues concerning environmental protection.

2. UPSC CSE Mains 2019 (GS Paper 2):

Question: "Assess the importance of the National Green Tribunal in India’s efforts towards environmental protection. What reforms are necessary for enhancing its effectiveness?"

Answer: The National Green Tribunal is integral to India’s environmental protection efforts. By providing a forum for specialized environmental hearings, it expedites the resolution of environmental disputes and ensures strict enforcement of environmental laws. However, to enhance its effectiveness, reforms such as improving the tribunal’s infrastructure, increasing awareness about its powers, and ensuring timely implementation of its orders are essential. Strengthening its financial autonomy and expanding its role in public environmental awareness programs would also help bolster its impact on environmental protection in India.