National Green Tribunal Act, 2010: India’s Green Court for Environmental Justice

Environmental protection has become one of the most urgent challenges of the modern world. In India, rapid industrialisation, urbanisation, and population growth have caused serious environmental problems such as air pollution, water contamination, deforestation, and climate change. To address these issues effectively, the Indian government enacted the National Green Tribunal Act, 2010, creating a specialised judicial body known as the National Green Tribunal (NGT). The Act aims to provide speedy and effective justice in environmental matters.

Background and Need for the NGT

Before the NGT was established, environmental cases were handled by regular courts, which often faced delays due to heavy caseloads and lack of technical expertise. Environmental disputes usually involve complex scientific data, making them difficult to resolve through ordinary legal processes.

The idea of a specialised environmental court was influenced by:

• Stockholm Declaration, 1972

• Rio Declaration, 1992

• Judicial activism in cases like MC Mehta v. Union of India

To fulfil India’s international commitments and constitutional duty under Article 48A and Article 51A(g), the NGT Act was enacted.

What Is the National Green Tribunal?

The National Green Tribunal is a quasi-judicial body that deals exclusively with environmental cases. It became operational in October 2010. The Tribunal has the power to hear disputes relating to environmental protection and conservation of natural resources.

The NGT follows a fast-track procedure and aims to dispose of cases within six months, ensuring quicker relief compared to traditional courts.

Objectives of the NGT Act

The main objectives of the NGT Act are:

• Effective and speedy disposal of environmental cases

• Protection of environment and natural resources

• Enforcement of environmental laws

• Grant of relief and compensation for environmental damage

• Restoration of damaged ecosystems

The Act focuses on sustainable development while balancing economic growth and environmental protection.

Composition of the Tribunal

The NGT consists of:

• Chairperson (a retired Supreme Court Judge or Chief Justice of a High Court)

• Judicial Members

• Expert Members (with scientific or technical expertise in environmental matters)

This unique combination ensures that both legal and scientific perspectives are considered in every case.

Jurisdiction and Powers of the NGT

The NGT has jurisdiction over cases arising under key environmental laws, including:

• Environment Protection Act, 1986

• Water (Prevention and Control of Pollution) Act, 1974

• Air (Prevention and Control of Pollution) Act, 1981

• Forest Conservation Act, 1980

• Wildlife Protection Act, 1972

The Tribunal can:

• Issue injunctions

• Order closure of industries

• Impose environmental compensation

• Direct restoration of damaged environments

Principles Applied by the NGT

The NGT is guided by internationally recognised environmental principles:

1. Polluter Pays Principle

Polluters are financially responsible for environmental damage caused by them.

2. Precautionary Principle

Lack of scientific certainty should not be a reason to delay measures to prevent environmental harm.

3. Sustainable Development

Development must meet present needs without compromising future generations.

These principles strengthen environmental governance in India.

Procedure and Accessibility

Any person aggrieved, including individuals, NGOs, or communities, can approach the NGT. The procedure is less formal, cost-effective, and accessible to the public.

Appeals against NGT orders can be filed directly before the Supreme Court of India.

Important Case Laws Under the NGT

• MC Mehta v. Union of India

The NGT continued the legacy of this landmark case by enforcing pollution control norms and holding industries accountable.

• Almitra H. Patel v. Union of India

The NGT issued strict directions on solid waste management and municipal accountability.

• Vardhaman Kaushik v. Union of India

The Tribunal addressed air pollution in Delhi and surrounding regions, highlighting vehicular pollution control.

• Paryavaran Suraksha Samiti v. Union of India

The NGT directed strict enforcement of effluent treatment norms to prevent water pollution.

Achievements of the NGT

• Faster resolution of environmental disputes

• Increased environmental accountability of industries

• Strengthened public participation in environmental governance

• Development of eco-centric jurisprudence

The NGT has played a major role in shutting down polluting industries, protecting forests, rivers, and wildlife habitats.

Criticism and Challenges

Despite its success, the NGT faces challenges such as:

• Limited benches and resources

• Enforcement issues at the ground level

• Overlapping jurisdiction with other authorities

• Resistance from industries and state governments

There have also been debates on whether the NGT sometimes oversteps into policy-making.

Conclusion

The National Green Tribunal Act, 2010 marks a significant step in strengthening environmental justice in India. By combining legal authority with scientific expertise, the NGT ensures that environmental disputes are resolved efficiently and fairly. In a country facing severe environmental challenges, the NGT acts as a guardian of nature, ensuring that development does not come at the cost of environmental destruction. As environmental awareness grows, the role of the NGT will become even more crucial in shaping a sustainable future.