National Green Tribunal Act 2010

Introduction

The National Green Tribunal Act 2010, enacted by the Indian Parliament, provides for the establishment of the National Green Tribunal (NGT) to ensure effective and expeditious disposal of cases related to environmental protection, forest conservation, and natural resources.

Background and Purpose

• The Act was influenced by India’s commitments at international conferences such as the 1972 Stockholm Conference on the Human Environment and the 1992 Rio Earth Summit, which emphasized environmental protection and access to justice for environmental issues.
• It recognizes the right to a healthy environment as part of the fundamental right to life under Article 21 of the Indian Constitution.
• The NGT was established to address the complex, multidisciplinary nature of environmental disputes and to provide speedy relief and compensation for damages to persons and property.

Structure and Composition

• The NGT consists of a Chairperson, Judicial Members, and Expert Members, with a minimum of 10 and a maximum of 20 members in total.
• Chairperson: Must be a retired Supreme Court judge or Chief Justice of a High Court, appointed by the Central Government in consultation with the Chief Justice of India, serving a term of five years or until age 70.
• Judicial Members: Former judges of the Supreme Court or High Courts, appointed for five years or until age 67 (High Court) or 70 (Supreme Court).
• Expert Members: Professionals with advanced degrees in science, engineering, or technology and at least 15 years of experience, including 5 years in environmental fields, serving for five years or until age 65.
• The Tribunal’s benches include at least one judicial member and one expert member to ensure balanced decisions.

Jurisdiction and Powers

• The NGT has jurisdiction over all civil cases related to environmental protection, conservation of forests, and other natural resources.
• It has the power to provide relief and compensation for damages to persons and property caused by environmental harm.
• The Tribunal is not bound by the Civil Procedure Code but follows principles of natural justice, enabling swift and effective adjudication.
• It can hear appeals against environmental clearances and orders from government authorities and has appellate jurisdiction in environmental matters.
• The NGT aims to dispose of applications or appeals within six months of filing to ensure timely justice.

Locations and Functioning

• The principal bench is located in New Delhi, with regional benches in Bhopal (Central Zone), Pune (Western Zone), Chennai (Southern Zone), and Kolkata (Eastern Zone).
• The Tribunal may also operate circuit benches to increase accessibility and cover wider geographic areas.
• It has financial and administrative powers vested in the Chairperson for smooth functioning.

Penalties and Enforcement

• The Act empowers the NGT to impose penalties for non-compliance with its orders.
• It can hold companies and government departments accountable for environmental offenses.
• The Tribunal’s decisions are enforceable as a decree of a civil court, ensuring effective implementation of its orders.

Significance for Environmental Governance

• The NGT provides a specialized forum for environmental justice, reducing the burden on regular courts and expediting environmental litigation.
• It integrates scientific expertise with judicial authority to handle complex environmental issues effectively.
• By ensuring speedy disposal and compensation mechanisms, the NGT strengthens environmental protection and public trust in environmental governance.

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