National Green Tribunal (NGT)

• It is a special judicial body established for the expeditious resolution of environmental protection and natural resource conservation matters.
• The NGT acts as a vital institution in India to ensure environmental protection and sustainable development.

Establishment of NGT

• Established: 18th October 2010
• Under the National Green Tribunal Act, 2010
• Headquarters: New Delhi
• Other Benches: Bhopal, Pune, Kolkata, and Chennai
• India became the third country in the world (and the first among developing nations) to establish such a tribunal. Previously, only Australia and New Zealand had similar tribunals.

Objectives and Functions of NGT:

The NGT is mandated to resolve environmental disputes within 6 months. Its core functions include:

• Hearing and resolving environmental issues.
• Ensuring the protection of forests and natural resources.
• Enforcing the “Polluter Pays” and “Precautionary Principle”.
• Resolving disputes related to Environmental Clearances.
• Controlling issues such as river pollution, waste management, air pollution, and other environmental problems.

Structure, Qualifications, Appointment, and Tenure of NGT Members

Members of NGT:

As per the National Green Tribunal Act, 2010, the NGT comprises the following types of members:

Chairperson : Acts as the head of the tribunal.

Judicial Members :  Minimum: 10; Maximum: 20 (The exact number is notified by the Central Government).

Expert Members : Minimum: 10; Maximum: 20 (Also notified by the Government).

Part-time Members : The Chairperson may invite individuals with specialized knowledge and experience on a part-time basis to assist in particular cases.

Qualifications of NGT Members:

Chairperson

Must be a judge of the Supreme Court or Chief Justice of a High Court.

Judicial Members

Must have served as:

• A judge of the Supreme Court, or
• Chief Justice or judge (serving or retired) of a High Court.

Expert Members

Must have:

• A degree in Technology,
• At least 5 years of practical experience in the field of environment or forests at a national-level institution, and
• A total of 15 years of experience in the relevant field or in working with Central/State Governments.

Appointment of NGT Members:

Chairperson: Appointed by the Central Government in consultation with the Chief Justice of India (CJI).

Judicial and Expert Members: Appointed through a Selection Committee constituted by the Central Government.

Tenure of Members:

• Tenure: Maximum of 5 years or until 65 years of age, whichever is earlier?
• Reappointment: Not allowed for Chairperson, Judicial, and Expert Members.

Powers and Jurisdiction of NGT:

Decision-Making in Environmental Matters:

• Has jurisdiction over civil cases related to the environment?
• In October 2021, the Supreme Court granted NGT the power of suo motu (taking cognizance on its own).

Appellate Jurisdiction:

• Appeals against NGT decisions can only be filed in the Supreme Court of India.
• Appeals must be made within 90 days of the tribunal’s order.

Penalties and Punishments:

• If any individual violates NGT regulations:
• Imprisonment up to 3 years
• Fine up to ₹10 crore
• Or both

Key Environmental Laws under NGT's Jurisdiction:

NGT can hear matters under the following Acts:

• Water (Prevention and Control of Pollution) Act, 1974
• Forest (Conservation) Act, 1980
• Air (Prevention and Control of Pollution) Act, 1981
• Environment (Protection) Act, 1986
• Biological Diversity Act, 2002

However, NGT has no jurisdiction over cases under:

• The Wildlife (Protection) Act, 1972
• The Forest Rights Act, 2006

Significance of NGT

• Provides an effective platform for timely resolution of environmental cases.
• Reduces burden on High Courts.
• Offers a low-cost and faster legal process for environmental disputes.
• Compels industries and governments to comply with environmental norms.

Challenges Faced by NGT

• Limited jurisdiction – Cannot hear cases related to wildlife and forest rights.
• Legal ambiguities – Its decisions are often challenged in higher courts.
• Institutional weaknesses – Shortage of judicial and expert members hampers its functioning.
• Implementation issues – Government departments often fail to execute NGT orders effectively.

Landmark Judgments by NGT

Almitra Patel v. Union of India (2012)

Verdict: Banned open burning of garbage.

Impact: Led to stricter solid waste management regulations.

Srinagar Dam Disaster Case (2013)

Verdict: Ordered hydro power company to pay compensation.

Impact: Enforced “Polluter Pays” principle.

Save Mon Federation Case (2013)

Verdict: Suspended ₹6,400 crore hydropower project to protect bird habitats.

Ban on Diesel Vehicles in Delhi-NCR (2015)

Verdict: Banned diesel vehicles older than 10 years.

Impact: Helped curb air pollution.

Plastic Ban (2017)

• Verdict: Prohibited plastic bags with thickness below 50 microns.
• Impact: Step toward controlling plastic pollution.
• N.G. Soman v. Bharat Petroleum (2022)
• Verdict: Imposed ₹2 crore fine for greenbelt violation.
• Impact: Emphasized adherence to environmental norms in industrial zones.

Way Forward

• Expand NGT's jurisdiction to include wildlife and forest rights issues.
• Appoint more judicial and expert members to fill vacancies.
• Enact stronger mechanisms to ensure implementation of NGT’s orders.