• What is the National Green Tribunal-: The National Green Tribunal (NGT) is a specialised quasi-judicial body established in India under the National Green Tribunal Act, 2010. It was established on 18, 2010, under the National Green Tribunal Act, 2010. It was set up with the specific purpose of providing effective and expeditious disposal of cases relating to environmental protection, conservation of forests, and enforcement of any legal right relating to the environment. India became one of the few countries after Australia and New Zealand. It covers all civil cases involving substantial environmental questions, including enforcement of legal rights relating to the environment, forest conservation and population control. The chairperson of the tribunal is headed by the Retired Chief Justice or a sitting (Retired judge of the Supreme Court). along with judicial members and expert members in the field of ecology, environmental science, hydrology, and related disciplines.
• Legislative Foundations & Jurisdiction-The NGT Act, 2010, grants the Tribunal Jurisdiction over civil cases involving substantial questions relating to the environment. Its jurisdiction covers disputes arising under at least seven major statutes:-
• The Water (Prevention and control of Pollution) Act 1974:- The Water (Prevention and control of pollution) Act, 1974, aimed at maintaining/restoring water wholeness, preventing pollution and establishing regulatory boards. Its objectives to prevent water pollution and maintain or restore the wholesomeness of water. The Boards have the power to take samples of effluents, inspect premises, and establish standards for sewage and trade effluents. The penalties include imprisonment for terms extending from 3 months to over 6 years and fines for violating pollution standards.
• The Air (Prevention and control of pollution) Act, 1981:- It is enacted to promote environmental preservation and establish regulatory bodies to set emission standards. It enables central and state boards to monitor air quality, mandate anti-pollution equipment and enforce compliance for industries, with penalties for violations including imprisonment and fines.
• The Environment (Protection) Act 1986:- It is a landmark Indian legislation enacted following the 1984 Bhopal gas tragedy to protect and improve the environment. It empowers the central Government to establish standards for environmental quality, regulate industrial pollutants, manage hazardous waste, and impose penalties for violations. This Act extends to the whole of India. It covers air, water, land, and the interrelationship between them, human beings, living creatures, plants, and microorganisms.
• The Forest (Conservation) Act, 1980:- The Forest Conservation Act, 1980, is an Indian legislation enacted to restrict the indiscriminate diversion of forest land for non-forest purposes, ensuring sustainable development. It mandates taking prior approval from the government for using forest land for projects, aiming to curb deforestation across the country.
• The Wildlife (Protection) Act, 1972:- It is a legal framework for the conservation and protection of plants and animal species in India. It provides special safeguards for endangered animals, birds and plants from extinction.
• The Biological Diversity Act, 2002:- It is enacted by the law to preserve biological diversity and provide a mechanism for the equitable sharing of benefits arising from the use of traditional biological resources and knowledge. It aims to protect India’s wide variety of flora, fauna, and ecosystems

3. Powers of NGT:- The NGT is vested with wide-ranging powers:-

• Power under section 19:- The NGT has the same powers as the civil court under the Code of Civil Procedure, 1908, in respect of summoning witnesses, requiring discovery of documents, issuing documents for the examination of witnesses or documents, and receiving evidence on affidavits.
• Power to award compensation:- The NGT has the power to award compensation, damages, and restitution for environmental harm, primarily delivered from sections 15 and 20 of the NGT Act, 2010.
• Powers to shut Down Industries:- NGT has the power to order the closure of Industries, mining operations, construction projects, and other food enterprises that violate environmental norms or cause ecological damage.
• Suo Motu powers:- The Suo Motu powers, allowing it to initiate proceedings on its own motion without a formal petition. The NGT’s role is not just to decide cases but to be proactive, preventive, and remedial, acting on information from media reports, letters or complaints.
• Powers to issue Directs to Governments:- The NGT can direct central and state governments, pollution control boards, and public bodies to fulfil their statutory environment duties.

4. Structure & Benches:- The NGT operates through a Principal Bench in New Delhi and four Benches across the country.

Bench	Location	Jurisdiction
Principal Bench	New Delhi	Delhi, J & K, Punjab, Haryana, Himachal Pradesh, UP, Uttarakhand, Rajasthan, and others
Northern zone	New Delhi (Circuit)	residual Northern states
Central zone	Bhopal	Madhya Pradesh, Chhattisgarh
Eastern zone	Kolkata	West Bengal, Odisha, Bihar, Jharkhand
Southern zone	Chennai	Tamil Nadu, Kerala, Karnataka, Andhra Pradesh, Telangana
Western zone	Pune	Maharashtra, Goa, Gujarat

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5. Landmark Judgements:- The NGT has delivered numerous landmark decisions that have reshaped environmental governance in India:-

(i) Yamuna River Pollution:- The NGT has passed many orders directing Delhi and upstream states to treat sewage, remove encroachments and hold polluting industries accountable along the Yamuna Floodplain.

(ii) Odd-even scheme & Air Quality:- The NGT grants Delhi the authority to implement the odd-even scheme to reduce the Delhi annual air pollution crisis.

(iii) Illegal Mining:- The Tribunal has been proactive in halting and penalising illegal sand and stone mining operations that destroy riverbeds and groundwater tables.

6. Limitations and criticisms– Even though it is important, the NGT has to deal with constant problems and criticism that make it less effective: Implementation Gaps: State governments, businesses, and local governments often don’t follow the NGT’s orders. The enforcement system is still weak, and contempt cases often take a long time to move forward. Verdicts have repeatedly said that earlier orders have not been carried out.

Capacity Constraints: The NGT has had a hard time getting enough members, both judges and experts, which has led to a lot of cases being pending. In practice, it is often not possible to meet the six-month deadline for disposal. Conflicts over jurisdiction: The NGT and the High Courts often disagree about who has jurisdiction, especially since the High Courts also have original writ jurisdiction over environmental issues. This can lead to orders that are at odds with each other or people looking for the best place to file their case.

Access to Justice: The NGT is supposed to let anyone upset about an environmental issue bring it up, but in reality, NGOs, lawyers, and city petitioners are the ones who file most of the lawsuits. Communities that are already on the fringes of society and are often the most affected by environmental harm don’t have the money to go to the Tribunal.

Concerns about Suo Motu: Critics say that while the suo motu power is useful, it can sometimes lead to unpredictability and a lack of due process because the people who are affected may not always have enough time to make their case before interim orders

7. Significance in India’s Legal Landscape: The NGT is an important and unique part of India’s constitutional and environmental legal system. It puts into practice a number of important ideas in environmental law, such as the precautionary principle, the polluter-pays principle, and the principle of sustainable development. It does this in a special court that can act quickly, call on scientific experts, and give real help. People can appeal its decisions to the Supreme Court of India, which makes sure that the highest constitutional court is in charge of environmental law. Over the years, this appellate structure has given the NGT’s legal decisions a consistent doctrinal basis. The NGT is often looked to as a model for developing countries that want to set up their own environmental courts. Its combination of legal and scientific knowledge is seen as a model for handling environmental disputes that are becoming increasingly technical in the 21st century.
8. Conclusion-In conclusion, the National Green Tribunal (NGT) is a one-of-a-kind and crucial section of India’s environmental law. It was formed as a specialised quasi-judicial body to avoid the delays and tech concerns that conventional courts have when dealing with environmental matters. The NGT puts essential principles about environmental law into effect, such as the polluter-pays principle, the precautionary principle, and sustainable development. It does this by merging legal and scientific knowledge. This helps them give justice quickly and fairly. The National Green Tribunal is India’s most ambitious endeavour to make environmental justice a part of the law by combining the power of the courts with the rigour of science. Not only do its directives need to be good, but there also needs to be political will to carry them out and public vigilance to hold people accountable. The health of India’s rivers, forests, and air may depend on how successfully this organisation is permitted to work.
9. References-:

 

STATUTES

1. The Water (Prevention and Control of Pollution) Act 1974
2. The Air (Prevention and control of pollution) Act, 1981

• The Environment (Protection) Act 1986

1. The Forest (Conservation) Act, 1980
2. The Wildlife (Protection) Act, 1972
3. The Biological Diversity Act, 2002

 

BOOKS:-

1. S.C. Shastri, Environmental Law (7^th Edition, Eastern Book Publication)
2. Dr J.J.R Upadhyaya Environmental Law (4th Edition, Central Law Agency)

 

ONLINE ARTICLES-

1. T.N. Subramaniam, Rubin Vakil, “The Mechanisms of the National Tribunal’’(2018) https://repository.nls.ac.in/cgi/viewcontent.cgi?article=1199&context=nlsir
2. Vajiram, “National Green Tribunal, NGT Act, Composition, Powers, Jurisdiction”,(2010) https://vajiramandravi.com/upsc-exam/national-green-tribunal/

• MS. RUCHI SINGH, “National Green Tribunal: A Road to Environmental Justice”(2016) https://www.raijmr.com/ijrhs/wp-content/uploads/2017/11/IJRHS_2016_vol04_issue_05_02.pdf