National Green Tribunal (NGT)

About:

    • It is a statutory body established under National Green Tribunal Act, 2010.
    • It arose from India’s commitments at Rio de Janeiro Summit 1992.
    • Authority over cases related to laws like the Water (Prevention and Control of Pollution) Act, Forest (Conservation) Act, Environment (Protection) Act.

Composition:

    • Chairperson: Appointed from the Supreme Court or High Court.
    • Judicial Members: Judges from the Supreme Court or High Courts.
    • Expert Members: Professionals with expertise in environment and forest laws.

Benches:

    • Principal Bench: Located in New Delhi, for the Northern Zone.
    • Regional Benches: In Bhopal, Pune, Chennai, and Kolkata.
    • Circuit Benches: Temporary benches to ensure wider accessibility.

Guiding principles:

    • Natural justice: Ensuring fairness in proceedings.
    • Sustainable development: Balancing environment and development needs.
    • Precautionary principle and Polluter Pays principle for accountability.

 

Landmark Judgments

ü  Ban on Open Burning of Waste (2012): Improving waste management and air quality.

ü  Save Mon Federation vs Union of India (2013): Protecting endangered species in Arunachal Pradesh.

ü  Coal Mining in Meghalaya (2014): Ban on environmentally harmful coal mining.

ü  Ganga Pollution Case (2017): Directed comprehensive cleaning measures for the Ganga River.

Significance:

    • Facilitates specialized environmental adjudication, expediting case resolution.
    • Ensures effective enforcement of environmental laws and remedies for environmental damage.
    • Bridges the gap between the judiciary, executive, and the public in environmental matters.

Criticism:

    • Limited jurisdiction over key environmental acts like the Wildlife Protection Act.
    • Varying timelines and ambiguity in certain legal terms.
    • Judicial overreach concerns, particularly in matters overlapping with legislative functions.
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