The National Green Tribunal (NGT) is a specialised judicial body established for the effective and expeditious disposal of cases relating to environmental protection and conservation of natural resources. It plays a crucial role in strengthening environmental governance in India by providing a dedicated forum for addressing environmental disputes involving complex scientific and technical issues.

Historical Background

The idea of a specialised environmental court in India emerged from growing environmental challenges and judicial activism in environmental matters. India’s participation in the Stockholm Conference on Human Environment (1972) and the subsequent evolution of environmental jurisprudence under Article 21 of the Constitution laid the foundation for such an institution.

The Supreme Court, in several judgments, emphasised the need for an expert body to deal exclusively with environmental cases. Acting on these recommendations and international commitments, Parliament enacted the National Green Tribunal Act, 2010. The Tribunal became operational on 18 October 2010, replacing earlier environmental appellate authorities and tribunals, thereby consolidating environmental adjudication under one specialised forum.

Constitution of the National Green Tribunal

The NGT is a statutory body constituted under the National Green Tribunal Act, 2010. It is not a constitutional body, but it derives its authority from legislation enacted by Parliament.

The Act empowers the Tribunal to adjudicate disputes arising under key environmental laws, including:

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

The Tribunal was established to ensure speedy environmental justice, reduce the burden on higher courts, and ensure informed decision-making based on scientific expertise.

Structure of the National Green Tribunal

The NGT follows a multi-member structure combining judicial competence with technical expertise.

1. Composition

The Tribunal consists of:

• A Chairperson (a retired Judge of the Supreme Court or Chief Justice of a High Court)
• Judicial Members (serving or retired High Court judges)
• Expert Members with professional qualifications and experience in environmental science, forestry, ecology, or related fields

This blend ensures that decisions are legally sound as well as scientifically informed.

2. Benches

The principal bench of the NGT is located in New Delhi, with regional benches in different parts of the country to improve accessibility. The Tribunal can also conduct circuit sittings to hear cases in affected regions.

3. Procedure

The NGT is not bound by the Civil Procedure Code. Instead, it follows principles of natural justice, enabling flexible and speedy adjudication. It is mandated to dispose of cases within six months, as far as possible.

Functions of the National Green Tribunal

1. Adjudication of Environmental Disputes

The primary function of the NGT is to hear and decide disputes relating to environmental protection, pollution control, forest conservation, and biodiversity preservation.

2. Enforcement of Environmental Laws

The Tribunal ensures effective implementation of environmental legislation and holds public authorities and private entities accountable for violations.

3. Grant of Relief and Compensation

The NGT has the power to:

• award compensation to victims of environmental damage
• order restitution of damaged ecosystems
• impose penalties on polluters

This reflects the application of the polluter pays principle.

4. Application of Environmental Principles

The Tribunal is guided by internationally recognised environmental principles such as:

• Sustainable development
• Precautionary principle
• Polluter pays principle

These principles are central to its decision-making process.

5. Appellate Jurisdiction

The NGT hears appeals against orders, decisions, or directions issued under various environmental laws by governmental authorities.

Significance of the National Green Tribunal

The NGT represents a major step towards specialised environmental justice in India. By combining legal authority with scientific expertise, it ensures informed decisions, faster resolution of cases, and improved environmental accountability. It has strengthened citizens’ access to environmental justice and reinforced the constitutional mandate of protecting the environment for present and future generations.

Conclusion

The National Green Tribunal stands as a cornerstone of India’s environmental governance framework. Through its specialised structure, expert-driven adjudication, and commitment to sustainable development, the NGT has significantly contributed to the protection of environmental rights and the rule of law. In an era of increasing ecological challenges, its role remains vital for balancing development with environmental conservation.