National Green Tribunal

National Green Tribunal
Name	National Green Tribunal
Established	2010
Jurisdiction	India
Location	New Delhi
Authority	Constitution of India; National Green Tribunal Act, 2010
Chiefjudgetitle	Chairperson
Chiefjudge	(position variable)

National Green Tribunal is a statutory body established to adjudicate environmental disputes and enforce legal rights relating to environmental protection within the Republic of India. It functions as a specialized tribunal with powers to hear cases arising under a range of statutes and international instruments, interfacing with institutions such as the Supreme Court of India, Ministry of Environment, Forest and Climate Change, Central Pollution Control Board, and multiple state pollution control boards. The Tribunal operates from principal and regional benches and has played a central role in matters involving forests, wetlands, rivers, industrial pollution, and biodiversity.

History and Establishment

The Tribunal was constituted under the National Green Tribunal Act, 2010 following sustained public interest litigation in the Supreme Court of India and policy developments after the Stockholm Conference and the Johannesburg Summit. Preceding events included landmark decisions by the Supreme Court of India in cases like Vellore Citizens Welfare Forum v. Union of India and M. C. Mehta v. Union of India which catalyzed statutory reform. Legislative debates in the Lok Sabha and Rajya Sabha and inputs from bodies such as the Central Pollution Control Board, Indian Council of Forestry Research and Education, Attorney General of India, and environmental NGOs including Greenpeace India, Centre for Science and Environment, and The Energy and Resources Institute shaped the Act. International precedents from tribunals like the European Court of Human Rights, the International Tribunal for the Law of the Sea, and the World Bank Inspection Panel influenced procedural design.

Jurisdiction and Powers

The Tribunal’s jurisdiction extends to civil cases where environmental laws such as the Air (Prevention and Control of Pollution) Act, 1981, Water (Prevention and Control of Pollution) Act, 1974, Environment (Protection) Act, 1986, Forest (Conservation) Act, 1980, Wildlife Protection Act, 1972, and provisions of the Hazardous Waste (Management and Handling) Rules are invoked. It is empowered to provide relief under statutes and principles developed by the Supreme Court of India including the polluter pays principle and the precautionary principle. The Tribunal can pass orders for restitution, compensation, remediation, and restoration involving agencies like the State Pollution Control Board, Forest Department, Central Empowered Committee, and National Biodiversity Authority. Its orders are subject to appellate review by the Supreme Court of India and interact with enforcement mechanisms such as criminal prosecution under the Indian Penal Code where applicable.

Composition and Structure

The Tribunal comprises a Chairperson and expert members appointed by the Central Government in consultation with the Chief Justice of India. Members are drawn from judicial backgrounds (retired judges of the Supreme Court of India or High Courts such as the Bombay High Court, Calcutta High Court, Madras High Court) and expert backgrounds including scientists from institutions such as the Indian Institute of Science, Indian Institute of Technology Delhi, Wildlife Institute of India, National Institute of Oceanography and administrators from the Indian Administrative Service. The Tribunal maintains regional benches in cities including Bengaluru, Mumbai, Chennai, Kolkata, Bhopal, and Guwahati to address cases tied to regions like the Sundarbans, Western Ghats, Himalayas, Ganga basin, and Narmada basin.

Procedures and Practice

Proceedings before the Tribunal are governed by the procedural framework set out in the Act and supplemented by rules and practice directions influenced by jurisprudence from the Supreme Court of India and comparative tribunals such as the European Court of Justice and administrative bodies like the National Human Rights Commission (India). The Tribunal admits applications under the Act, petitions under the Environment (Protection) Act, 1986, and appeals against clearances from bodies like the Ministry of Environment, Forest and Climate Change and the Central Pollution Control Board. It frequently uses scientific studies from the Indian Council of Medical Research, Council of Scientific and Industrial Research, and expert committees convened with specialists from the Indian Space Research Organisation and universities such as Jawaharlal Nehru University and University of Delhi. Remedies include interim relief, directions for environmental impact assessments (EIA), monitoring committees, and compliance audits. Litigation often involves parties such as private corporations like Tata Group, Adani Group, Vedanta Resources, public sector entities like the Indian Railways and National Thermal Power Corporation, and community groups represented by organizations like the National Alliance of People's Movements and Van Panchayats.

Notable Cases and Decisions

The Tribunal has rendered influential decisions concerning the River Ganga cleaning, closure and regulation of tanneries in Kanpur, mining operations in the Niyamgiri Hills and Aravalli Range, and industrial pollution in the Yamuna River and Mithi River. Landmark orders addressed coastal zone regulation issues near the Mumbai coast, coal mining impacts in Jharkhand and Chhattisgarh, environmental clearance for projects associated with Delhi Metro, Mumbai-Pune Expressway, and port developments at Kolkata Port and Visakhapatnam Port. The Tribunal intervened in public health crises related to air pollution in Delhi NCR, pesticide contamination in Punjab, and hazardous waste management in Bhopal. Its judgments have engaged constitutional rights referenced against the Fundamental Rights of India and directives from the National Green Tribunal Act, 2010.

Criticisms and Challenges

Critiques have focused on delays in appointments reminiscent of issues in the Judicial Appointments Commission debates, resource constraints compared to bodies like the Central Vigilance Commission, enforcement difficulties against powerful industrial actors such as Coal India and multinational firms, and tensions with the Supreme Court of India over jurisdictional boundaries. Academic critiques from scholars at National Law School of India University, IIT Bombay, and University of Oxford highlight challenges in expertise, consistency, and implementation. Practical issues involve coordination with state institutions like state pollution control boards, interface with international agreements such as the Paris Agreement, and balancing developmental projects sponsored by the Ministry of Heavy Industries with conservation imperatives championed by groups including World Wide Fund for Nature and Sierra Club.

Category:Environmental law in India