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NATIONAL GREEN TRIBUNAL - CRITICAL ANALYSIS
National Green Tribunal Act, 2010 has been enacted to satisfy the long felt need of an alternative forum to deliver inexpensive and speedy justice. National Green Tribunal was established in 2010 under Article 21 of the Indian Constitution which guarantees the citizen of India the 'Right to Healthy Environment'. India was the third country following Australia and New Zealand to possess such system. The tribunal is a special fast-track quasi-judicial body comprising of judges and environment expert who will ensure expeditious disposal of cases and work for protection of environment. In the last five to six years National Green Tribunal has decided many cases which proves that it is a custodian of all resources, it decide matters considering concept of sustainable development, precautionary principle and polluter pays principle. It strives to maintain a balance between protection of environment on one side and development of nation on the other.
Salient Features Of National Green Tribunal :
The Act seeks to establish specialized Green Tribunal with five benches located at different regions in the country. The Act confers on the Green Tribunal to hear initial complaints also as appeals from decisions of authorities under various environmental laws. The Tribunal, when established, would not be bound to follow the procedure laid down in the Code of Civil Procedure 1908 and Indian Evidence Act. Instead, the trbunal is allowed to follow the abstract principles of natural justice and equity. However, the tribunal has the powers of a civil court under the Civil Procedure Code 1908. Its decisions are binding on the parties. There are often appeals to the Supreme Court against the orders or awards of the Tribunal. The Act also bars that no civil court shall be authorised to entertain cases which Tribunal is competent to hear.
The most notable feature of the Act is that the National Green Tribunal is enjoined to follow the internationally recognized and nationally applied environmental ‘Principles of Sustainable Development’. ‘Precautionary Principle’ and ‘Polluter Pays Principle’ while issuing any order, decision or award. The National Green Tribunal has power to listen to all civil cases concerning environmental issues and questions that are linked to the implementation of laws listed in Schedule I of the National Green Tribunal Act. These included the following:
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The Water (Prevention and Control of Pollution) Act, 1947
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The Water (Prevention and Control of Pollution) Cess Act, 1947
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The Forest (Conservation) Act, 1980
- The Air (Prevention and Control of Pollution) Act, 1981
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The Environment (Protection) Act, 1991
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The Public Liability Insurance Act, 1991
The Biological Diversity Act, 2002
This Act confers on the Tribunal, the jurisdiction over all civil cases where a considerable question concerning environment (including enforcement of any right concerning environment) is involved and such question arises out of the implementation of the enactments laid out in Schedule I to the Act. The Act provides a time limit of 6 months within which the applications to adjudicate upon dispute shall be entertained by the tribunal. It also empowers the Tribunal to permit such applications to be filled within an extra period not exceeding sixty days, if it's satisfied that the applicant was prevented by sufficient cause from filing the appliance within the said period.
Key Issues and Suggestions:
However, despite various proactive support being taken by the tribunal the pollution levels have been continuously rising over the years. This is due to lack of effective support from government both at the center as well in states. Inefficiency and infeective co-ordination of Central and State pollution control boards is another reason for it. This often causes delay in implementing the tribunal's decision. Without having adequate support from government side, NGT is unable to have a vigilance throughout the country due to its limited capacity and staff. The National Green Tribunal has not been vested with powers to hear any matter relating to Wildlife (Protection) Act, The Indian Forest Act, laws enacted by States relating to forests, tree preservation etc.The act has limited the jurisdiction of tribunal to "substantial question of environment" which is hard to be determined and not possible to be assessed by common people what is substantial or not. Also the jurisdiction is also confined to where community at large is affected excluding individuals and group of individualswho also deserves protection against environmental hazards.
Further despite having few successes and solving number of cases still there is a long list of pending cases in the tribunal which adds to the issue. Lastly the tribunal is not having suo-moto powers which also restricts its ambit in the area of environment. NGT critics have also questioned the "lack of environmental finesse" of its expert members.
On the basis of findings referred above, it could be suggested that-
Suo moto jurisdiction has to be an integral feature of National Green Tribunal for effective and better functioning.
There is a need for the creation of an autonomous Environmental Protection Authority of India.
The clause ‘'substantial question related to environment'’ shall be explained in detail rather than leaving it to individual reasoning.
The present act provides interference by central Government in the affairs and internal processes of the tribunal which should be avoided to give tribunal an unrestricted hand to decide the inherent matter as proceedings.
The Central and State government should work in collaboration with NGT to secure the environment with better, faster enforcement of NGT orders.
There should be Judicial Review of Environmental Cases.
Other environment-related laws must also be included within NGT's ambit.
