National Green Tribunal (NGT)

At a Glance

• What it is Specialised statutory tribunal for environmental disputes
• Act National Green Tribunal Act, 2010
• Established 18 October 2010
• Principal bench New Delhi
• Exam link UPSC Prelims, Polity: Non-Constitutional Bodies

Where Does It Fit?

This is the eighth topic of the category on Non-Constitutional Bodies. The National Green Tribunal was established under the National Green Tribunal Act, 2010, for effective and expeditious disposal of cases relating to environmental protection, conservation of forests and other natural resources, and for the enforcement of legal rights relating to the environment and relief and compensation for damage to persons and property. It is a statutory and not a constitutional body.

Background and Status

The Tribunal came into being on 18 October 2010. India was the third country in the world, 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, which had been set up earlier for environmental matters. The Tribunal provides environmental justice and helps reduce the burden of litigation in the higher courts. It differs from the Central Pollution Control Board, which promotes cleanliness of streams and wells and aims to improve the quality of air, whereas the NGT is a statutory forum, established by an Act of Parliament, to decide environmental disputes. The Tribunal recognises the right to a healthy environment as part of the right to life under Article 21 of the Constitution.

Composition and Benches

The Tribunal consists of a full-time Chairperson, who is a person who is or has been a judge of the Supreme Court or the Chief Justice of a High Court, and full-time Judicial Members and Expert Members. A Judicial Member has been a judge of a High Court. An Expert Member has professional qualifications in science, engineering or technology and long experience in environmental matters. The principal bench is at New Delhi and the regional benches are at Bhopal, Pune, Kolkata and Chennai. The Tribunal can hold circuit sittings in other places, and the Central Government decides the places of sitting.

Jurisdiction

The Tribunal has jurisdiction over all civil cases where a substantial question relating to the environment is involved and which arise out of the implementation of seven laws listed in Schedule I of the Act:

1. The Water (Prevention and Control of Pollution) Act, 1974.
2. The Water (Prevention and Control of Pollution) Cess Act, 1977.
3. The Forest (Conservation) Act, 1980.
4. The Air (Prevention and Control of Pollution) Act, 1981.
5. The Environment (Protection) Act, 1986.
6. The Public Liability Insurance Act, 1991.
7. The Biological Diversity Act, 2002.

Other laws such as the Wildlife (Protection) Act, 1972, the Indian Forest Act, 1927 and the various state laws on forests and tree preservation are outside its jurisdiction, so matters under these laws have to be taken to other forums. The Tribunal hears original applications and appeals against decisions under these Acts.

Procedure, Powers and Principles

The Tribunal is not bound by the procedure laid down in the Code of Civil Procedure, 1908, and is guided by the principles of natural justice. It is also not bound by the rules of evidence under the Indian Evidence Act, 1872. While passing orders it applies the principles of sustainable development, the precautionary principle and the polluter pays principle. It has the powers of a civil court for summoning witnesses and requiring production of documents, and it can grant relief and compensation to victims of pollution and environmental damage, restitution of property damaged, and restitution of the environment for such area or areas as the Tribunal may think fit.

An application or appeal to the Tribunal should be disposed of as expeditiously as possible and within six months of its filing. An appeal against an order or decision of the Tribunal lies to the Supreme Court within ninety days.

Why Is This Topic Important?

• Environment link Often asked in Prelims and in environment papers
• Statutory tribunal Statutory versus constitutional
• Jurisdiction Seven laws are a favourite

What Came Next?

The next topic covers the Central Information Commission.

Key People and Terms

• Tribunal Quasi-judicial body outside regular courts
• Polluter pays Polluter bears cost of damage
• Precautionary principle Act to prevent harm despite doubt
• Judicial and Expert Members Two kinds of members
• Original jurisdiction Direct hearing of applications

Exam Corner

Mains Angle

Questions on this topic usually ask about environmental justice. Use these points to add depth.

• Specialised forum Expert members
• Principles Sustainable development, precaution, polluter pays
• Speed Six-month target
• Gaps Some laws outside jurisdiction