National Green Tribunal (NGT) Act, 2010

Why was the NGT created?

The National Green Tribunal Act, 2010 was enacted to ensure the speedy and effective disposal of environmental cases.
It draws its constitutional spirit from Article 21 of the Indian Constitution, which guarantees the Right to Life, judicially interpreted to include the right to a clean and healthy environment.

👉 Earlier, environmental cases were handled by regular courts, which were → Overburdened, Slow, Lacking scientific and technical expertise

The NGT filled this gap by creating a specialised environmental adjudicatory body.

Specialised Structure of NGT

The NGT follows a hybrid model:

• Judicial Members → legal expertise
• Expert Members → environmental science, ecology, forestry, pollution control

📌 This ensures scientific decision-making, not merely legal interpretation.

Time-bound justice

• The NGT is mandated to dispose of cases within 6 months, making it a fast-track tribunal.

Benches of NGT

• Principal Bench: New Delhi
• Regional Benches:
  • Pune – Western Zone
  • Bhopal – Central Zone
  • Chennai – Southern Zone
  • Kolkata – Eastern Zone

This zonal structure improves access to environmental justice across India.

Members of the Tribunal

• Sanctioned strength: 10 Judicial + 10 Expert Members
• Maximum allowed: 20 Judicial + 20 Expert Members
• Mandatory composition: Each bench must have at least one judicial and one expert member

Chairperson

• Must be a serving or retired Supreme Court judge or Chief Justice of a High Court
• Also functions as a Judicial Member

📌 UPSC insight: This preserves judicial independence at the highest level.

Jurisdiction of NGT

NGT has original jurisdiction in cases involving:

• Substantial question relating to the environment
  • Affecting the community at large
  • Large-scale public health or ecological impact
• Environmental damage due to a specific activity
  • Pollution
  • Industrial accidents
  • Environmental clearance violations

⚠️ Limitation

• The term “substantial” is not clearly defined, leading to interpretational ambiguity.

Powers of NGT

NGT orders are binding and enforceable.

It can:

• Award compensation to victims
• Order restoration of damaged environments
• Impose damages and penalties

Laws under NGT’s Jurisdiction (Schedule I)

NGT can hear civil cases under:

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

Laws outside NGT’s Jurisdiction

NGT cannot hear cases under:

• Wildlife (Protection) Act, 1972
• Indian Forest Act, 1927
• State forest and tree preservation laws

📌 Prelims trap: Wildlife Act cases → not under NGT.

Principles of Justice Followed by NGT

NGT:

• Is guided by principles of natural justice
• Is not bound by:
  • Civil Procedure Code, 1908
  • Indian Evidence Act, 1872

Environmental Principles Applied

When deciding cases, NGT applies:

• Sustainable Development
• Precautionary Principle
• Polluter Pays Principle

📌 This makes NGT a problem-solving tribunal, not a purely adversarial court.

Review and Appeal

• Under Rule 22 of NGT Rules, the Tribunal can review its own orders
• Appeals against NGT orders lie directly before the Supreme Court of India within 90 days

Achievements of NGT

✔ Protected large tracts of forest land
✔ Halted environmentally harmful construction projects
✔ Penalised negligent officials and polluting corporations
✔ Enforced polluter pays principle
✔ Protected tribal and community rights

Challenges Faced by NGT

1️⃣ Tribunalisation

• Government controls appointments
• Risk of executive interference
• Potential conflict of interest

2️⃣ Dilution of Appointment Criteria

• Attempts to relax qualification norms
• Similar trend seen in RTI Act amendments

📌 Mains criticism: Threat to independence of quasi-judicial bodies.

Development vs Conservation

While “sustainable development” is the guiding principle, in reality:

• Most large projects cause some ecological damage
• India’s limited resources intensify the conflict

Web of Regulatory Authorities

Projects often require approvals from → Supreme Court, NGT, National Board for Wildlife, NTCA

📌 Example:

• In 2019, the Supreme Court stopped road construction between Rajaji–Corbett Tiger Reserves due to:
  • Violation of Forest Conservation Act
  • Lack of wildlife approvals

High Financial Costs of Conservation

• In 2018, nine animal underpasses were constructed on NH-44 between Kanha–Pench Tiger Reserves
• Ordered by the Supreme Court to:
  • Prevent roadkill
  • Reduce habitat fragmentation

✔ Environment protected
❌ Project cost increased significantly

Conclusion

The National Green Tribunal has emerged as a powerful institution for environmental justice in India by combining legal authority with scientific expertise. However, concerns regarding tribunal independence, regulatory overlap, and development delays highlight the need for balanced reforms that harmonise ecological protection with economic growth.