Maarg Manthan · Topic 17.9

National Green Tribunal Act

Environment & Ecology › Environmental Acts, Policies and EIA · Topic 17.9

The National Green Tribunal Act, 2010 established the National Green Tribunal (NGT) for the effective and expeditious disposal of cases relating to environmental protection, conservation of forests and other natural resources, and for enforcing legal rights relating to the environment and giving relief and compensation for damage to persons and property. The Act was passed in 2010, and the NGT began working on 18 October 2010; India became the third country, after Australia and New Zealand, to set up a specialised environmental tribunal. It replaced the National Environment Tribunal Act, 1995 and the National Environment Appellate Authority Act, 1997. The principal bench is in New Delhi, with zonal benches at Pune (western), Bhopal (central), Kolkata (eastern) and Chennai (southern), and circuit benches. The Tribunal has judicial and expert members and a Chairperson who is a retired Supreme Court judge or a Chief Justice of a High Court. It has original jurisdiction on civil cases involving a substantial question relating to the environment arising under seven laws listed in Schedule I: the Water Act 1974, the Water Cess Act 1977, the Forest (Conservation) Act 1980, the Air Act 1981, the Environment (Protection) Act 1986, the Public Liability Insurance Act 1991 and the Biological Diversity Act 2002. It also hears appeals against orders under these laws. Cases are to be decided within six months, and appeals go to the Supreme Court within 90 days. In deciding cases, the NGT applies sustainable development, the precautionary principle and the polluter pays principle.

5 min read · UPSC Prelims · Environment & Ecology · Environmental Acts, Policies and EIA

At a Glance

Act 2010; NGT started 18 October 2010
Principal bench New Delhi
Zonal benches Pune, Bhopal, Kolkata, Chennai
Laws covered Seven in Schedule I
Appeal Supreme Court, 90 days
Exam link UPSC Prelims, Environment & Ecology: Environmental Acts, Policies and EIA

Where Does It Fit?

This topic follows the wetland and coastal rules by presenting the court-like body that enforces them. It also connects to the earlier topic on constitutional provisions and Article 21. Previous topic: Wetland (Conservation and Management) Rules, 2010. Next topic: Ozone Depleting Substances (Regulation and Control) Rules.

What Are the Key Features of the NGT?

Feature	Details
Establishment	NGT Act, 2010; tribunal functioning from 18 October 2010; India is the third country with such a tribunal after Australia and New Zealand
Replaced	National Environment Tribunal Act, 1995 and National Environment Appellate Authority Act, 1997
Benches	Principal bench at New Delhi; zonal benches at Pune, Bhopal, Kolkata and Chennai
Composition	Chairperson (retired Supreme Court judge or High Court Chief Justice), judicial members and expert members
Jurisdiction	Civil cases with a substantial environmental question under seven laws in Schedule I; appeals under those laws
Timeline	Disposal within six months of filing, as far as possible
Appeals	To the Supreme Court within 90 days

Which Laws Are Covered and What Principles Apply?

Water Act, 1974: covered by Schedule I
Water Cess Act, 1977: covered
Forest (Conservation) Act, 1980: covered
Air Act, 1981: covered
Environment (Protection) Act, 1986: covered
Public Liability Insurance Act, 1991: covered
Biological Diversity Act, 2002: covered
Not covered: Wildlife (Protection) Act 1972, Indian Forest Act 1927 and state forest and tree laws

What Else Should You Remember?

Substantial question: a question that affects the community at large and not just individuals, with a direct link to the environment
Relief: compensation, restitution of damaged property and restoration of the environment
Section 20: directs the NGT to apply sustainable development, precautionary principle and polluter pays principle
Not bound by CPC: the Tribunal follows natural justice and is not bound by the Code of Civil Procedure or Evidence Act
Suo motu: the NGT can take up matters on its own, as the Supreme Court has recognised
Article 21: the Act reflects the right to a healthy environment under Article 21
Law Commission 186th Report: recommended an environmental court
Earlier bodies: the National Environment Tribunal never became functional
Limitation: claims must be filed within 6 months from the date the cause of action first arose, extendable by 60 days
Expert members: have environmental or technical experience, such as senior officers or scientists
Chairperson: Justice Adarsh Kumar Goel chaired the NGT from 2018 to 2021; later chairs followed
Notable orders: Ganga and Yamuna clean-up, Art of Living event on the Yamuna floodplain, orders on old diesel vehicles in Delhi NCR, plastic bans and sand mining
Delhi diesel order: 2015 NGT order banning 10-year-old diesel vehicles in Delhi NCR
Supreme Court: has upheld NGT powers and said it can be approached for appeals under Section 22
Writ jurisdiction: High Courts can still review NGT decisions in limited cases
Criticisms: vacancies, delays, limited benches, lack of jurisdiction on the Wildlife Act, and pressure on resources
Environmental courts abroad: Australia (New South Wales Land and Environment Court) and New Zealand
Public participation: any aggrieved person, state or NGO can approach
Fee and procedure: low fees and online filing
Compensation: NGT can order compensation for victims and for restoration by polluters
Environment relief fund: Act provides for a fund for compensation
Link to previous: see Wetland (Conservation and Management) Rules, 2010
Link to next: see Ozone Depleting Substances (Regulation and Control) Rules
Link to EPA: see Environment (Protection) Act, 1986
Caution: benches, members and case details change, so check the NGT website
Exam hint: learn the seven laws, the benches, the six-month target and Section 20

Why Does It Matter for the Exam?

Start: 2010
Benches: Delhi, Pune, Bhopal, Kolkata, Chennai
Laws: Seven
Current affairs link: NGT orders on waste
Common errors: including the Wildlife Act among the seven laws

As an analytical point, the NGT brought expert and legal minds together, speeded up environment cases and allowed citizens a low-cost forum. Its effectiveness depends on filling vacancies, widening coverage and ensuring that its orders are carried out by authorities.

Why Is This Topic Important?

Speed Six months
Expertise Experts
Principles Sustainable, polluter pays

What Came Next?

The next topic covers the Ozone Depleting Substances (Regulation and Control) Rules. Next topic: Ozone Depleting Substances (Regulation and Control) Rules.

Key People and Terms

NGT National Green Tribunal
Schedule I List of seven laws
Suo motu On its own
Substantial question Environmental issue
Restitution Restoring damage
Locus standi Right to sue

Exam Corner

Points to Remember

NGT began 18 October 2010.
Seven laws in Schedule I.
Benches: Delhi plus four zones.
Appeal to the Supreme Court in 90 days.
Third country after Australia and New Zealand.

Do Not Confuse With

NGT and Supreme Court Specialist tribunal versus apex court
Wildlife Act and Schedule I Not covered versus covered laws
NET Act 1995 and NGT Act 2010 Earlier tribunal versus current one

Memory Hook

Ten for the Tribunal: Delhi leads, four zones follow, seven laws, six months.

Mains Angle

Questions ask for structure and jurisdiction. These points help.

Aim Quick justice
Jurisdiction Seven laws
Gaps Vacancies

A Question You May Face

An original practice question, not a past paper question.

“Discuss the composition, jurisdiction and significance of the National Green Tribunal. What are its limitations?”

How to Answer

Aim Environmental justice.
Structure Benches.
Jurisdiction Seven laws.
Limits Gaps.

GS Relevance

Prelims: seven laws, benches, timelines. GS Paper 2 and 3: environmental justice.

Frequently Asked Questions

What is the National Green Tribunal?

The National Green Tribunal is a specialised statutory body set up under the National Green Tribunal Act, 2010 to quickly decide cases on environmental protection, forest conservation and natural resources, and to give relief and compensation for environmental damage. It started functioning on 18 October 2010 and has its principal bench in New Delhi.

Which laws fall under the NGT's jurisdiction?

The NGT has jurisdiction over civil cases involving a substantial environmental question under seven laws listed in Schedule I: the Water Act 1974, the Water Cess Act 1977, the Forest (Conservation) Act 1980, the Air Act 1981, the Environment (Protection) Act 1986, the Public Liability Insurance Act 1991 and the Biological Diversity Act 2002.

Where are the benches of the NGT located?

The principal bench of the NGT is in New Delhi. There are four zonal benches: Pune for the western zone, Bhopal for the central zone, Kolkata for the eastern zone and Chennai for the southern zone. Circuit benches also sit in other places. Each bench has judicial and expert members to decide cases.

What principles does the NGT apply?

Under Section 20 of the NGT Act, the Tribunal applies the principles of sustainable development, the precautionary principle and the polluter pays principle while deciding cases. It is not bound by the Code of Civil Procedure or the Indian Evidence Act, but follows principles of natural justice.

How can NGT decisions be challenged?

Orders of the NGT can be appealed to the Supreme Court within 90 days of the order, and the Supreme Court may allow an appeal later for sufficient cause. High Courts can also examine NGT decisions in limited circumstances, but the Supreme Court is the main appellate forum.

PYQ Practice — Statement Analysis

1 The NGT began working in 2010.

True

On 18 October.

2 The Wildlife Act is among the seven laws in Schedule I.

False

It is not covered.

3 NGT decisions are appealed to the Supreme Court.