National Green Tribunal (NGT)

It is a special judicial body established for the expeditious resolution of environmental protection and natural resource conservation matters.
The NGT acts as a vital institution in India to ensure environmental protection and sustainable development.

Establishment of NGT

Established: 18th October 2010
Under the National Green Tribunal Act, 2010
Headquarters: New Delhi
Other Benches: Bhopal, Pune, Kolkata, and Chennai
India became the third country in the world (and the first among developing nations) to establish such a tribunal. Previously, only Australia and New Zealand had similar tribunals.

Objectives and Functions of NGT:

The NGT is mandated to resolve environmental disputes within 6 months. Its core functions include:

Hearing and resolving environmental issues.
Ensuring the protection of forests and natural resources.
Enforcing the “Polluter Pays” and “Precautionary Principle”.
Resolving disputes related to Environmental Clearances.
Controlling issues such as river pollution, waste management, air pollution, and other environmental problems.

Structure, Qualifications, Appointment, and Tenure of NGT Members

Members of NGT:

As per the National Green Tribunal Act, 2010, the NGT comprises the following types of members:

Chairperson : Acts as the head of the tribunal.

Judicial Members : Minimum: 10; Maximum: 20 (The exact number is notified by the Central Government).

Expert Members : Minimum: 10; Maximum: 20 (Also notified by the Government).

Part-time Members : The Chairperson may invite individuals with specialized knowledge and experience on a part-time basis to assist in particular cases.

Qualifications of NGT Members:

Chairperson

Must be a judge of the Supreme Court or Chief Justice of a High Court.

Judicial Members

Must have served as:

A judge of the Supreme Court, or
Chief Justice or judge (serving or retired) of a High Court.

Expert Members

Must have:

A degree in Technology,
At least 5 years of practical experience in the field of environment or forests at a national-level institution, and
A total of 15 years of experience in the relevant field or in working with Central/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 through a Selection Committee constituted by the Central Government.

Tenure of Members:

Tenure: Maximum of 5 years or until 65 years of age, whichever is earlier?
Reappointment: Not allowed for Chairperson, Judicial, and Expert Members.

Powers and Jurisdiction of NGT:

Decision-Making in Environmental Matters:

Has jurisdiction over civil cases related to the environment?
In October 2021, the Supreme Court granted NGT the power of suo motu (taking cognizance on its own).

Appellate Jurisdiction:

Appeals against NGT decisions can only be filed in the Supreme Court of India.
Appeals must be made within 90 days of the tribunal’s order.

Penalties and Punishments:

If any individual violates NGT regulations:
Imprisonment up to 3 years
Fine up to ₹10 crore
Or both

Key Environmental Laws under NGT's Jurisdiction:

NGT can hear matters under the following Acts:

Water (Prevention and Control of Pollution) Act, 1974
Forest (Conservation) Act, 1980
Air (Prevention and Control of Pollution) Act, 1981
Environment (Protection) Act, 1986
Biological Diversity Act, 2002

However, NGT has no jurisdiction over cases under:

The Wildlife (Protection) Act, 1972
The Forest Rights Act, 2006

Significance of NGT

Provides an effective platform for timely resolution of environmental cases.
Reduces burden on High Courts.
Offers a low-cost and faster legal process for environmental disputes.
Compels industries and governments to comply with environmental norms.

Challenges Faced by NGT

Limited jurisdiction – Cannot hear cases related to wildlife and forest rights.
Legal ambiguities – Its decisions are often challenged in higher courts.
Institutional weaknesses – Shortage of judicial and expert members hampers its functioning.
Implementation issues – Government departments often fail to execute NGT orders effectively.

Landmark Judgments by NGT

Almitra Patel v. Union of India (2012)

Verdict: Banned open burning of garbage.

Impact: Led to stricter solid waste management regulations.

Srinagar Dam Disaster Case (2013)

Verdict: Ordered hydro power company to pay compensation.

Impact: Enforced “Polluter Pays” principle.

Save Mon Federation Case (2013)

Verdict: Suspended ₹6,400 crore hydropower project to protect bird habitats.

Ban on Diesel Vehicles in Delhi-NCR (2015)

Verdict: Banned diesel vehicles older than 10 years.

Impact: Helped curb air pollution.

Plastic Ban (2017)

Verdict: Prohibited plastic bags with thickness below 50 microns.
Impact: Step toward controlling plastic pollution.
N.G. Soman v. Bharat Petroleum (2022)
Verdict: Imposed ₹2 crore fine for greenbelt violation.
Impact: Emphasized adherence to environmental norms in industrial zones.

Way Forward

Expand NGT's jurisdiction to include wildlife and forest rights issues.
Appoint more judicial and expert members to fill vacancies.
Enact stronger mechanisms to ensure implementation of NGT’s orders.