National Green Tribunal and environmental justice – OPSC OAS Mains GS Paper II PYQ

📝Model Answer

Introduction

Environmental justice means fair and equitable access to a clean environment for all, especially the marginalised. The National Green Tribunal (NGT), established under the NGT Act, 2010, operationalises this ideal as a specialised quasi-judicial body for speedy environmental adjudication, giving institutional force to the right to a healthy environment under Article 21.

Body

Provisions, Powers and Functions of the NGT

1. Specialised jurisdiction — The NGT adjudicates all civil cases involving substantial questions relating to the environment arising from the enforcement of legal rights under seven scheduled laws, including the Water Act (1974), Air Act (1981) and Environment (Protection) Act (1986).
2. Expert composition — It comprises both judicial members and expert members (with scientific and environmental expertise), ensuring decisions are technically sound and not purely legalistic.
3. Principles of natural justice — The Tribunal is not bound by the rigid Code of Civil Procedure, allowing flexibility and faster disposal of cases.
4. Guiding principles — It is mandated to apply the Polluter Pays Principle, Precautionary Principle and Principle of Sustainable Development while delivering judgments.
5. Power to award relief — It can grant relief and compensation to victims of pollution, order restitution of damaged property and restoration of the environment.
6. Time-bound disposal — Applications must ideally be disposed of within six months, ensuring speedy environmental justice.
7. Suo motu powers — As upheld by the Supreme Court (2021), the NGT can take cognisance of environmental matters on its own, strengthening proactive intervention.
8. Appellate authority — It hears appeals against orders of authorities under environmental statutes, with appeals from the NGT lying directly to the Supreme Court.
9. Wide accessibility — Any aggrieved person, including those affected by environmental damage, can approach it, lowering barriers for vulnerable communities.
10. Landmark interventions — Through rulings on Ganga rejuvenation, vehicular pollution (diesel vehicle bans), Art of Living Yamuna case and POSCO project, it has shaped environmental governance.

Criticisms and Challenges

1. Limited jurisdiction — Key laws such as the Wildlife Protection Act (1972) and Forest Rights Act (2006) lie outside its scheduled ambit, leaving gaps.
2. Inadequate infrastructure — With only a few benches (principal bench in Delhi and limited regional benches), access remains difficult for remote and tribal populations.
3. Vacancies and understaffing — Persistent shortage of judicial and expert members hampers timely disposal and weakens functioning.
4. Enforcement deficit — The NGT lacks adequate machinery to ensure compliance, with many orders remaining poorly implemented on the ground.
5. Tension with development — Several orders have been criticised or stayed by higher courts, and friction with executive priorities affects its authority.
6. Locus standi and procedural concerns — Questions over jurisdictional overlap with High Courts and limited public awareness restrict its reach.

Way Forward

1. Expand jurisdiction to include the Wildlife Protection Act, Forest Rights Act and other allied environmental legislation.
2. Strengthen infrastructure by establishing more regional and circuit benches to improve geographical accessibility.
3. Fill vacancies promptly and ensure a transparent, time-bound appointment process for judicial and expert members.
4. Robust enforcement mechanism through a dedicated implementation wing and coordination with State Pollution Control Boards.
5. Financial and functional autonomy to insulate the Tribunal from executive pressures.
6. Awareness and capacity building at the grassroots, integrating environmental literacy and easing access for affected communities.

Conclusion