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Abstract
In 2010, the Indian government established the National Green Tribunal (NGT). The NGT is a quasi-judicial entity that only handles civil lawsuits involving the environment. There were two earlier attempts to build green courts in India before NGT emerged. These were the National Environment Appellate Authority Act of 1997 and the National Environment Tribunal Act of 1995 (NETA) (NEAA). However, the NGT, the most effective environmental court, became a reality in 2010. Since its founding, the NGT has resolved numerous environmental challenges and has received overwhelmingly positive feedback from all directions. In this paper, the shortcomings of the NGT are discussed, aims and objectives of the NGT Act, Jurisdiction and powers of the environmental courts that are set up by the NGT Act, limitations, finally at the end of the paper criticism and conclusions are given of the NGT. Although the NGT statute and its processes have many limitations, they can nonetheless be seen as a step in the right direction towards environmental justice in India. The NGT was established as a multidisciplinary body with the requisite knowledge to efficiently and effectively resolve disputes involving environmental protection, forest conservation, and the enforcement of legal rights related to environmental protection. The article outlines the problem with the jurisdiction, authority, and duties of the tribunal for enforcing environmental justice, to function properly. the guiding principles it has adopted, the accessibility and value addition to environmental jurisprudence that that was created had been not fulfilling its objective. In this paper we will be discussing what are the problem faced by NGT.
1. Introduction
The NGT is a specialised tribunal for the effective and fast resolution of disputes involving environmental protection and forest conservation . It is a specialised body that possesses the knowledge and experience needed to manage environmental conflicts involving various disciplinary issues. Due to the Tribunal’s exclusive jurisdiction over environmental issues, fast environmental justice would be provided, and this would ease the burden of litigation on the higher courts.
Because industries are expanding quickly and natural resources are being consumed more and more, environmental cases are also on the rise. Maintaining a good balance between sustainable growth and environmental regulations is crucial, and this can only be done by establishing a body like the National Green Tribunal that is completely focused on environmental matters. The job of such a Tribunal becomes increasingly significant given the country’s rising pollution levels’ detrimental effects on health.
1.1 Need for National Green Tribunal
(A Step Forward in Environmental Adjudication in India)
After the Bhopal gas tragedy in 1984, there was a long-standing demand for special environmental tribunals since the victims could not receive adequate relief or compensation from the judicial system in India. In fact, the Supreme Court originally emphasised the necessity to establish such courts in 1986 .
In a string of decisions beginning with M.C. Mehta, the Apex Court expressed the opinion that environmental cases raised issues requiring technical knowledge and expertise, speedy disposal, and ongoing monitoring; as a result, these cases should be decided by special courts with the necessary knowledge and technical assistance Indian Council for Enviro-Legal Action v. Union of India (1996) 3 SCC 212; A.P. Pollution Control Board v. M. V. Nayudu (1999) 2 SCC 718. For each case, the court considered it inconvenient to assemble subject matter experts, commissioners, and expert organisations (such the Central Pollution Control Board or the National Environmental Engineering Research Institute-NEERI).
While this was going on, the Supreme Court (as well as a handful of High Courts) resorted to creating a separate “green bench” that could hear environmental cases on a certain day or to allocating all environmental cases to a special judge or judges. The National Environmental Tribunal Act of 1995 was also enacted by the Parliament, but it was never put into effect . The High Court judge, whether currently serving or retired, as well as a scientist or group of scientists with high standing and experience were deemed necessary by the Court to assist in the resolution of disputes pertaining to the environment and pollution in all States and Union Territories’ appellate authorities under Sections 28, Water Act, 1974, and Section 31, Air Act, 1981, or other rules.
2. Aims and Objects of NGT Act 2010
The NGT Act, 2010, intends to enable an efficient and quick resolution of disputes involving environmental protection. The Act’s purpose is:
(i) to carry out the obligations placed on it by international treaties resulting from a variety of decisions made at international conferences to which India has been a party.
(ii) to put into effect the Indian Supreme Court’s ruling that Article 21 of the Constitution’s right to life includes the right to a healthy environment.
(iii) to establish a National Green Tribunal in consideration of the multidisciplinary nature of environmental concerns.
The Preamble to the Act, which states that the Act has been passed, sufficiently reflects the aforementioned goals:
(i) for the quick and efficient disposal of matters involving the preservation of forests and other natural resources and the protection of the environment;
(ii) including any environmental legal right’s enforcement;
(iii) providing assistance and payment for losses to people and property, and
(iv) regarding issues related to or incidental to it.
The National Green Tribunal was established as a result to swiftly handle environmental lawsuits, provide just compensation, and oversee the restoration of the environment’s damage. The Tribunal will also hear all of the previously open cases.
2.1 Jurisdiction and Powers of Tribunal
All civil cases involving environmental issues and disputes concerning the implementation of the legislation mentioned in Schedule I of the NGT Act will be heard by the NGT. They are the Forest (Conservation) Act of 1980, the Air (Prevention and Control of Pollution) Act of 1981, the Environment (Protection) Act of 1986, the Public Liability Insurance Act of 1991, and the Biological Diversity Act of 2002. The Water (Prevention and Control of Pollution) Act of 1974 and the Water (Prevention and Control of Pollution) Cess Act of 1977 are also included .
As a result, any violations that exclusively concern these laws or any orders or decisions made by the government as a result of these laws may be challenged before the NGT. Since the NGT Act was passed, civil courts cannot consider cases involving environmental issues under the seven laws that provide the NGT the power to deal with them .
The seven enactments listed in Schedule I, which govern the protection of the environment and the conservation of natural resources in India, are covered by the NGT’s vast scope of authority. However, the Wildlife (Protection) Act of 1972, the Indian Forest Act of 1927, and other State-enacted legislations pertaining to forests, tree preservation, etc. have not given the NGT the authority to hear any cases pertaining to these laws . As a result, the NGT is unable to address particular or significant issues relating to these statutes. These statutes may give rise to a large number of criminal cases, and the Tribunal lacks subject matter jurisdiction over criminal matters. Additionally, NGT does not have jurisdiction over the Scheduled Tribes (Recognition of Forest Rights) Act, 2006, which grants rights to Scheduled Tribes who live in forests to protect and conserve forest resources.
The Tribunal has appellate (to review a regulatory authority’s judgement) and original (to be the first judicial place to hear a case) jurisdiction.
2.2 Limitation
The NGT is not qualified to admit the case for anything that is not covered by these seven acts. The main disadvantage of this restriction is that not every environmental problem can be brought up with the NGT. For example, although being related to the environment, the NGT cannot accept a lawsuit for cutting trees in a forest. This is because to NGT lacks jurisdiction over the Protection of Forest Act. Therefore, it is rather confusing to a layman when to and when not go to NGT to seek remedy. The NGT needs to make this amendment so that all acts pertaining to environmental degradation are included.
The statute of limitations differs for each jurisdiction. Original jurisdiction lasts for six months after the cause of action was first brought to light. The exception is where there is good cause [Sec. 14(3)], in which case a grace period of 60 days is granted.
If there is an appeal, the deadline is 30 days from the day the party received the directive, order, or decision. A 30-day grace period is provided, nonetheless, if there is valid reason [Sec. 16].
2.3 Criticism of NGT
Following its implementation in October 2010, the NGT faced criticism for the following shortcomings, which are listed below:
- No Independence of the Judiciary
Its lack of judicial independence from the government is the first criticism at it . The NGT Act’s rules allowed for the appointment of bureaucrats to the tribunal while they were still employed in the government. This is problematic because a government official will never rule against the government because he or she is also a member of the government and is under constant pressure not to do so.
- Lack of Legal Knowledge
The idea of tribunals is inherently flawed because the parent ministry funds them, and as a result, has control over the tribunal and its rulings. Because the NGT must decide the legal matter and is not required to conduct fact-finding, the requirement for specialists in the tribunal is another flawed idea . It is not necessary to have specialist knowledge to determine whether to penalise or compensate someone. To do this, legal expertise is required. The Indian Evidence Act particularly allows for the statement of an expert witness in situations where more specialised expertise is required than what is necessary for the tribunal to designate experts.
- Scarce Resources
Additionally, the tribunal lacks the resources necessary for efficient operation. Earlier, the NGT operated out of a guest house. Additionally, the tribunal’s members were not provided homes and instead resided in a government guest house. Without taking into account the reality that NGT already lacks enough funding, the resources were further reduced. According to the law commission’s report on environmental courts, each state should have its own environmental court. However, the NGT only has 5 benches. This has made it impossible for regular people seeking justice to go to a court that is in a different state and far away from their place of residence. The NGT’s foundation also eliminated civil courts’ ability to hear lawsuits involving environmental issues. Therefore, in certain circumstances, filing a case with the NGT is now required. Since all environmental litigation must be handled by the five benches of the NGT, even PILs cannot be filed in the state’s High Court any longer. Environmental tribunals are required on a district basis, but the current system doesn’t even offer them on a state level.
Conclusion
The advantage of this multifaceted, multiskilled group is that it creates a coherent and efficient institutional mechanism to apply complicated laws and principles in a uniform and consistent manner while also reshaping the approach to solve the environmental problem at its source rather than being limited to pre-determined remedies. The evolution of environmental laws and regulations is significantly influenced by the intersection of legal, scientific, and technical knowledge.
As a result, the creation of the NGT represents a significant advancement toward realising environmental democracy. As opposed to the former environmental body, it has been fairly successful. In order to prevent hasty policy decisions that are harmful to the environment, NGT’s relevance in India’s quickly expanding economy is crucial.
The Tribunal provides a favourable environment for climate lawsuits because it has a fairly broad jurisdictional mandate and the authority to establish its own evidentiary standards. It could bring about the urgently required change in how Indian courts handle environmental disputes and how citizens see environmental damage.
To do this, NGT must, however, be strengthened by granting it more authority (legislative and investigative), as well as by making investments in boosting its infrastructure. The NGT is a tribunal with less judicial authority than a “court.” Accordingly, the NGT’s status must be changed from that of a tribunal to that of a court in order to improve the effectiveness of its operations. Additionally, it is necessary to incorporate other environmental regulations under the purview of NGT. These are necessary for the efficient administration of justice and environmental preservation.
Additionally, NGT must set up specific internal systems for transparent decision-making. For instance, it has begun imposing significant financial penalties on pollutants, but so far, no guidelines have been released. To calculate fines, damages, and compensation, NGT must set guidelines and standards. It should also find organisations and specialists that can assist it in case-by-case scientific estimation of environmental damages, compensation, and fines. Through these, judgments will become more objective.
There is a widespread belief that NGT aims to consolidate its influence and challenge other governmental agencies. Growing resentment at NGT is visible in the offices of the Ministry of Environment, Forests, and Climate Change (MoEF&CC). As a result, there is a perception among many government entities that NGT is treating them unfairly. The goal of effectively delivering environmental justice may suffer greatly from this image. For NGT to succeed in this endeavour, numerous institutions must assist it. It can’t function alone.
India’s National Green Tribunal is the country’s first environmental court. A specialised judiciary in the shape of the NGT is essential to stop the environmental deterioration in the nation given the expanding litigations and lengthy list of unresolved cases in Indian courts. It is true that the NGT needs to be strengthened through the development of its capabilities, the implementation of governance reforms, the introduction of transparency in the recruiting process, and the resolution of the issue surrounding its ability to take suo motu cognizance. In order for the NGT to be accessible and enforceable, the Union government should give it more authority and make its benches available in additional States.
4. Bibliography
1. The National Green Tribunal Act, 2010, Ministry of Law and Justice, New Delhi, June 2, 2010
2. Yadav, N. K., & Kesav, P. K. B., Centre for Science and Environment, National Green Tribunal: A new beginning for environmental cases (http://www.cseindia.org/print/2900), 2011
3. Sharma, R., Green Courts in India: Strengthening Environmental Governance? 4/1 Law, Env Dev J, 4(2008), 50-71.
4. Astrea Legal Associates LLP, The National Green Tribunal (http://astrealegal.com/the-national-green-tribunal), 2010
5.. United Nations Environment Program, Declaration of the United Nations Conference on the Human Environment.
6. United Nations Conference on the Human Environment, Stockholm 1972
