Formed on October 18, 2010, under the National Green Tribunal Act, 2010. It is a specialized body equipped to handle complex, multi-disciplinary environmental disputes.
Purpose:
To ensure effective and swift resolution of cases related to environmental protection, forest conservation, and natural resource management.
To enforce legal rights related to the environment and provide relief and compensation for damages to persons and property.
Procedural Framework:
Not bound by the Code of Civil Procedure, 1908 but guided by principles of natural justice.
Focused on environmental matters to provide timely justice and alleviate the burden on higher courts.
Aims to dispose of applications or appeals within 6 months of filing.
Locations:
Principal Place of Sitting: New Delhi.
Other Places of Sitting: Bhopal, Pune, Kolkata, and Chennai.
Apart from the Principal Bench and the Regional Benches, there can be Circuit Benches across different regions of India to ensure broader accessibility and effective disposal of environmental cases.
Objectives of the National Green Tribunal
Ensure swift and effective resolution of cases related to environmental protection, forest conservation, and natural resource management.
Uphold legal rights related to the environment and provide relief and compensation for damages to individuals and property.
Protect the fundamental right to a safe environment as guaranteed under Article 21 of the Constitution, as established in Subhash Kumar vs. State of Bihar.
Improve environmental governance and accountability through a specialized judicial mechanism.
Collaborate with legal experts and environmental scientists to deliver informed and timely decisions on environmental matters.
Encourage sustainable development by balancing environmental protection with economic growth.
Increase public and policymaker awareness regarding environmental protection.
Composition of the National Green Tribunal (NGT)
Chairperson: Leads the tribunal.
Judicial Members: Between 10 and 20 members, with the exact number determined and notified by the Central Government.
Expert Members: Between 10 and 20 members, with the exact number determined and notified by the Central Government.
Additionally, the Chairperson can invite specialists with relevant expertise to assist on a part-time basis if needed.
Qualifications of NGT Members
Chairperson: Must be a judge of the Supreme Court of India or a Chief Justice of a High Court.
Judicial Members: Eligible candidates include Supreme Court judges, Chief Justices of High Courts, sitting High Court judges, or retired High Court judges.
Expert Members: Should possess a technology degree and have at least 15 years of experience in the relevant field, including five years of practical experience in environmental and forest issues, preferably from national institutions or working with Central and State Governments.
Appointment of NGT Members
Chairperson: Appointed by the Central Government in consultation with the Chief Justice of India (CJI).
Judicial and Expert Members: Appointed by a Selection Committee formed by the Central Government.
Tenure of NGT Members
Term: The Chairperson, Judicial Members, and Expert Members serve a five-year term or until they reach the age of 65, whichever comes first.
Reappointment: They are not eligible for reappointment.
It has been vested with the power to hear all civil cases relating to environmental issues and questions that are linked to the implementation of laws which are 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.
Civil Jurisdiction: Handles all civil cases involving significant environmental questions, including the enforcement of environmental rights.
Suo Motu Powers: Can independently address environmental issues across the country without needing a specific case to be filed.
Adjudicatory and Preventative Roles: Functions not only in dispute resolution but also in taking preventive and remedial measures for environmental issues.
Appellate Jurisdiction: Can hear appeals in addition to its original jurisdiction where parties file cases.
Guided by Natural Justice: While not bound by the Code of Civil Procedure, the tribunal adheres to principles of natural justice.
Principles of Sustainable Development: Applies principles like sustainable development, precautionary measures, and the polluter pays principle in its decisions.
Relief and Compensation: Can provide compensation and order the restoration of damaged environments.
Execution of Orders: Orders can be enforced as civil court decrees.
Penalties for Non-Compliance: Can impose penalties including imprisonment (up to three years), fines (up to ten crore rupees), or both.
The Tribunal is tasked with providing effective and expeditious remedy in cases relating to environmental protection, conservation of forests and other natural resources and enforcement of any legal right relating to environment. The Tribunal’s orders are binding and it has power to grant relief in the form of compensation and damages to affected persons.
