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Comprehensive Polity Notes for UPSC Aspirants

National Green Tribunal (NGT)

About 

  • The National Green Tribunal (NGT) is a specialized judicial frame in India established to address cases associated with environmental safety and the conservation of forests and different natural assets.
  • It has been envisaged as a dedicated discussion board for the effective and expeditious resolution of environmental disputes, for this reason lowering the burden on ordinary courts.

Establishment of National Green Tribunal

  • Rio De Janeiro Summit (1992) – The genesis of the National Green Tribunal (NGT) can be traced lower back to the United Nations Conference on Environment and Development (UNCED) held in Rio de Janeiro, Brazil in 1992.
  • Judicial Activism in Environmental Jurisprudence – The Indian judiciary, by landmark judgments in cases like Subhash Kumar v. State of Bihar (1991), established the ‘Right to a Clean Environment’ as a fundamental right under Article 21 of the Indian Constitution.
  • Law Commission Recommendations – In its 186th Report in 2003, the Law Commission of India encouraged the established order of specialized environmental courts to handle the growing wide variety of environmental cases.
  • National Environment Tribunal Act, 1995 – This act enacted through the Government of India furnished for strict liability for damages springing up out of accidents involving dangerous substances.
  • National Green Tribunal Act, 2010 – Building on the preceding projects, the National Green Tribunal Act was in the end enacted in 2010, which caused the established order of the National Green Tribunal as a specialized judicial body for environmental matters.
  • Operationalization of the NGT – The NGT was officially operationalized in 2011, with the appointment of the Chairperson and other members.

Objectives of National Green Tribunal

  • To offer for the effective and expeditious disposal of cases referring to environmental safety and conservation of forests and other natural resources.
  • To put into effect any legal proper referring to the environment and offer relief and compensation for damages to people and property.
  • To safeguard the primary right to have a secure environment for people as a part of Article 21 of the Constitution. (Subhash Kumar vs State of Bihar).
  • To make stronger environmental governance and duty within the country through its specialised and devoted judicial mechanism.
  • To deliver together legal experts and environmental scientists to deliver timely and informed decisions on a huge range of environmental issues.
  • To promote sustainable development practices and stabilize environmental concerns with the need for economic increase and development.
  • To improve recognition and focus about environmental safety amongst the overall public and policymakers.

Composition of National Green Tribunal (NGT)

  • Chairperson – heads the organisation.
  • Judicial Members – at the least 10, and not more than 20 Judicial Members.
  • The genuine number of Judicial Members in the NGT is determined and notified by the Central Government occasionally.
  • Expert Members – as a minimum 10, and no longer extra than 20 Expert Members.
  • The exact quantity of Judicial Members within the NGT is decided and notified by using the Central Government every so often.

Qualifications of Members of NGT

  • Chairman: A judge of the Supreme Court of India or Chief Justice of a High Court is eligible to turn out to be Chairperson of the NGT.
  • Judicial Members: A judge of the Supreme Court of India, Chief Justice of a High Court, an active judge of a High Court, or a retired judge of a High Court is eligible to be appointed as a Judicial Member of the tribunal.
  • Expert Members: A individual preserving a degree in generation along with an experience of 15 years in the relevant area which include 5 years of realistic experience in the area of environment and forests from a reputed National level institutions, or have worked with Central and State Governments.

Benches of National Green Tribunal (NGT)

    • Principal Bench of NGT
    • The Principal Bench of National Green Tribunal (NGT) is set up in New Delhi.
    • The Principal Bench of NGT caters to the Northern Zone of the united states of america.
    • Regional Benches of NGT
  • There are 4 Regional Benches of the National Green Tribunal as follows:
    • Bhopal (Central Zone Bench),
    • Pune (Western Zone Bench),
    • Chennai (Southern Bench) and
    • Kolkata (Eastern Bench).

Powers and Jurisdiction of National Green Tribunal (NGT)

  • The National Green Tribunal (NGT) has been vested with the power to pay attention all civil cases relating to environmental issues and questions which can be connected to the implementation of legal guidelines which can be listed in Schedule I of the National Green Tribunal Act of 2010 which includes the following:
    • The Water (Prevention and Control of Pollution) Act, 1974.
    • The Water (Prevention and Control of Pollution) Cess Act, 1977.
    • The Forest (Conservation) Act, 1980.
    • The Air (Prevention and Control of Pollution) Act, 1981.
    • The Environment (Protection) Act, 1986.
    • The Public Liability Insurance Act, 1991.
    • The Biological Diversity Act, 2002.
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