NATIONAL GREEN TRIBUNAL: ROLE, SIGNIFICANCE, PERFORMANCE, CHALLENGES, WAY FORWARD

Copyright infringement not intended

Picture Courtesy:  INDIANEXPRESS

Context

The National Green Tribunal (NGT) is facing scrutiny for favouring project developers over ecological concerns.

What is the National Green Tribunal (NGT)?

It is a statutory body established under the National Green Tribunal Act 2010, for the effective and expeditious disposal of cases related to environmental protection and conservation. 

India is the first developing nation, and third globally, to establish such a dedicated environmental tribunal. 

Guiding Principles

The tribunal is guided by the Principles of Natural Justice and specialized environmental doctrines: 

• Sustainable Development: Balancing growth with ecological protection.
• Precautionary Principle: Acting to prevent environmental damage despite a lack of scientific certainty.
• Polluter Pays Principle: Holding polluters liable for environmental restoration. 

Structure and Composition

• The NGT combines judicial and technical expertise. 
• Composition: It consists of a Chairperson, and 10–20 Judicial and Expert Members.
• Location: The Principal Bench is in New Delhi, with regional benches in Bhopal, Pune, Kolkata, and Chennai.
• Tenure: Members serve a non-renewable five-year term. 
• 

Powers and Jurisdiction

• The NGT has civil court authority to handle cases under seven key environmental laws, including the Water, Air, and Environment (Protection) Acts. 
• Suo Motu Action: The Supreme Court, in Municipal Corporation of Greater Mumbai vs Ankita Sinha, confirmed the NGT power to initiate cases suo motu (on its own).
• Authority: Decisions are binding, and it can impose fines or jail time for non-compliance.
• Appeals: Challenges to NGT orders must go directly to the Supreme Court within 90 days. 
• 

Recent Performance (2020-2025) 

What are the reasons for the Pro-Developer Shift?

Asymmetry in Resources

Corporate entities possess dedicated legal teams and technical experts to build strong cases. In contrast, local communities and activists lack the financial and technical capacity to challenge complex Environmental Impact Assessment (EIA) reports effectively.

Technical Dismissals ("Time-Barred")

Appeals under Section 14(3) of the NGT Act, 2010, must be filed within 30 days, extendable by 60 days. Many citizen appeals are dismissed due to missed deadlines, as clearance details are often not published accessibly for rural communities.

Prioritization of "Strategic Importance": The NGT permits large-scale projects in sensitive ecological zones, justifying the approvals with claims of national security and strategic needs.

• Example: The Great Nicobar project was cleared, despite concerns about its impact on rainforests and the indigenous Shompen tribe, due to its "strategic role" for national defence.

What are the Implications of the Current Trend?

Dilution of the Precautionary Principle

The Vellore Citizens Welfare Forum case (1996) established the Precautionary Principle, requiring preventive action despite scientific uncertainty. However, project approvals despite environmental warnings suggest this principle is weakening.

Legal Deterrence for Vulnerable Communities

While Section 22 of the NGT Act permits a Supreme Court appeal, high litigation costs often make NGT rulings final for marginalized communities, shielding project clearances from further judicial review.

Impact on India's Global Environmental Standing

Despite a focus on 'Ease of Doing Business,' India's environmental performance is weak, ranking 176th out of 180 in the Environmental Performance Index (EPI) 2024, with poor scores in biodiversity and habitat protection.

Way Forward 

Conduct "Merit Reviews"

The NGT should move beyond procedural checks and conduct a substantive "merit review" of the environmental clearance process itself, as directed by the Supreme Court in the Hanuman Laxman Aroskar vs Union of India (2019) case.

Address Resource Asymmetry

Establish a "Public Defender" office for the environment to provide legal and scientific support to resource-deprived communities, leveling the playing field against corporate legal teams.

Ensure Transparency

The Ministry of Environment, Forest and Climate Change (MoEFCC) must be mandated to publish environmental clearances in local languages through accessible channels like panchayats.

Strengthen Suo Motu Powers

The NGT should proactively initiate cases based on credible scientific reports and media coverage, in line with the Supreme Court's mandate in the Ankita Sinha case (2021), rather than waiting for formal appeals.

Conclusion

To fulfill its founding vision and help India achieve sustainable development and Net Zero by 2070, the National Green Tribunal must reclaim its role as a robust and impartial environmental watchdog, especially given the current statistical trend favoring project developers.

Source: INDIANEXPRESS