DEPT.

OF LEGAL SCIENCE

TECHNO INDIA UNIVERSITY

PROJECT ON THE ROLE AND EFFECTIVENESS OF THE NATIONAL

GREEN TRIBUNAL (NGT) IN ENVIRONMENTAL GOVERNANCE IN
INDIA IN PARTITAL FULFILLMENT OF THE REQUIREMENTS FOR
THE AWARD OF THE DEGREE OF BHACHELOR OF LAW SUBMITTED
BY:

NAME- ARPAN CHAKRABORTY

STREAM- BBA-LLB(H)
YEAR AND SEM.- 4th YEAR, 7th SEM
PAPER NAME- ENVIROMENTAL LAW.
SUBMITTED TO: Mr. ANJALI KARMAKAR.
TABLE OF CONTENTS

1. Introduction
2. Genesis of the National Green Tribunal (NGT)
3. Structure and Jurisdiction of the NGT
4. Objectives and Mandate of the NGT
5. Role of the NGT in Environmental Governance
6. Notable Judgments and Their Impact
7. Critical Analysis of the Effectiveness of the NGT
o a. Strengths of the NGT
o b. Challenges and Limitations
8. Comparative Perspective: NGT vs. Global Environmental Tribunals
9. Suggestions for Strengthening the NGT
10. Conclusion
11. References
INTRODUCTION
Environmental governance has emerged as a vital component of sustainable development in
the 21st century. In India, the rapid industrialization and urbanization post-independence
have led to significant environmental degradation. The need for a specialized body to address
complex environmental disputes gave rise to the National Green Tribunal (NGT). This
assignment aims to explore the role and critically assess the effectiveness of the NGT in
India’s environmental governance.
GENESIS OF THE NATIONAL GREEN TRIBUNAL (NGT)
The genesis of the National Green Tribunal (NGT) lies in India's increasing awareness of
environmental issues and the growing need for an efficient mechanism to handle
environmental disputes. India was one of the participants at the United Nations Conference
on Environment and Development (UNCED) held in Rio de Janeiro in 1992, where it made a
commitment to provide judicial and administrative remedies for the victims of pollution and
environmental damage.

Before the formation of the NGT, environmental cases were addressed by the regular
judiciary, including High Courts and the Supreme Court, often resulting in delayed justice
due to procedural complexities and backlog of cases. Recognizing the need for a dedicated
forum with technical expertise and swift adjudication, the Indian Parliament enacted the
National Green Tribunal Act in 2010, under Article 21 of the Constitution which guarantees
the right to a healthy environment as part of the Right to Life.

The NGT was officially established on October 18, 2010, as a specialized judicial body for
effective and expeditious disposal of cases related to environmental protection, conservation
of forests, and other natural resources. Its establishment marked a significant step forward in
strengthening India’s environmental governance framework and reaffirmed the principle that
environmental protection is central to human development and constitutional rights.
STRUCTURE AND JURISDICTION OF THE NGT
The structure of the NGT is designed to ensure both legal and scientific competence in
dealing with environmental disputes. The Tribunal comprises a Chairperson, Judicial
Members, and Expert Members. The Chairperson is typically a retired Judge of the Supreme
Court or a Chief Justice of a High Court, while the Judicial Members are former judges of
High Courts. The Expert Members are individuals with professional qualifications and
practical experience in environmental science, technology, or related fields.

The NGT functions through a Principal Bench in New Delhi and four regional benches in
Bhopal, Pune, Kolkata, and Chennai. These benches are empowered to hear matters that arise
within their respective territorial jurisdictions, ensuring regional accessibility and quicker
adjudication.

The Tribunal has original jurisdiction over all civil cases where a substantial question relating
to the environment is involved and that arise under the following seven central laws:

 The Water (Prevention and Control of Pollution) Act, 1974

 The Water (Prevention and Control of Pollution) Cess Act, 1977
 The Forest (Conservation) Act, 1980
 The Air (Prevention and Control of Pollution) Act, 1981
 The Environment (Protection) Act, 1986
 The Public Liability Insurance Act, 1991
 The Biological Diversity Act, 2002

The NGT also possesses appellate jurisdiction, meaning it can hear appeals against orders or
decisions under these environmental legislations made by authorities under the respective
acts.

Importantly, the Tribunal follows principles of natural justice and is not bound by the
procedure laid down under the Code of Civil Procedure, 1908, but is guided by the principles
of sustainable development, the precautionary principle, and the polluter pays principle. This
allows the NGT to provide quicker and more flexible remedies compared to traditional
courts.

The decisions of the NGT are binding and have the same effect as a decree of a civil court.
Appeals against its decisions can be made directly to the Supreme Court of India within
ninety days.
OBJECTIVES AND MANDATE OF THE NGT
The objectives and mandate of the National Green Tribunal (NGT) are rooted in its
commitment to environmental justice and sustainable development. The Tribunal is entrusted
with the responsibility to act as a catalyst in preserving the balance between development and
environmental protection. Its primary goals can be elaborated as follows:

 Ensure Access to Environmental Justice: One of the foremost objectives of the

NGT is to make environmental justice accessible to all sections of society, especially
marginalized communities who are often disproportionately affected by
environmental degradation. The Tribunal offers an affordable and simplified legal
platform where citizens can seek redressal without needing extensive legal expertise.
 Speedy and Efficient Adjudication: Recognizing the slow pace of conventional
litigation, the NGT is mandated to dispose of cases within six months of their filing.
This promptness ensures that urgent environmental issues are addressed in a timely
manner, minimizing further damage.
 Uphold Environmental Rights: The NGT plays a key role in safeguarding the
constitutional right to a healthy environment under Article 21. It enforces laws and
policies that prevent ecological harm, thus upholding both statutory and fundamental
rights.
 Promote the Principles of Environmental Law: The Tribunal applies and promotes
critical environmental principles such as:
o Polluter Pays Principle: Ensures that those responsible for environmental
harm bear the costs of remediation.
o Precautionary Principle: Encourages preventive action in the face of
uncertain environmental impacts.
o Sustainable Development: Balances developmental needs with ecological
protection.
 Prevent and Compensate Environmental Damage: The NGT is empowered to
provide compensation and restitution for victims of environmental harm. It ensures
that environmental degradation does not go unaccounted for and that affected
individuals or communities are fairly compensated.
 Strengthen Environmental Governance: By interpreting and enforcing
environmental laws effectively, the Tribunal serves as a watchdog over government
agencies and private entities, ensuring they remain compliant with statutory
obligations.
 Encourage Public Participation and Accountability: The NGT facilitates public
interest litigation and encourages active civic participation in environmental matters.
This has increased transparency and made institutions more accountable to
environmental norms.
ROLE OF THE NGT IN ENVIRONMENTAL GOVERNANCE
The National Green Tribunal plays a multifaceted and influential role in advancing
environmental governance in India. Its role extends beyond adjudication to active
intervention, enforcement, and policy influence. Key contributions include:

 Adjudication of Environmental Disputes: The NGT provides a platform for

resolution of disputes relating to environmental degradation. It ensures timely and
reasoned judgments, thus creating a strong deterrent against non-compliance with
environmental norms.
 Enforcement of Environmental Laws: The Tribunal acts as a watchdog, ensuring
that both public and private actors adhere to environmental laws. By holding polluters
accountable and imposing fines and penalties, the NGT enhances enforcement and
discourages future violations.
 Policy Interpretation and Influence: Through its orders and directives, the NGT
interprets environmental policies and laws, often filling legislative and regulatory
gaps. In many instances, its judgments have influenced amendments to existing laws
or led to the formulation of new guidelines.
 Monitoring Government Action: The Tribunal regularly evaluates the performance
of regulatory bodies such as the Central Pollution Control Board (CPCB) and State
Pollution Control Boards (SPCBs), thereby pushing for higher administrative
accountability.
 Promoting Environmental Awareness: By taking suo motu cognizance of media
reports and public grievances, the NGT raises awareness about pressing
environmental issues. Its actions and interventions often bring environmental
concerns to the forefront of public discourse.
 Facilitating Access to Justice and Public Participation: The NGT has made it
easier for individuals, communities, and NGOs to bring environmental issues to court.
This inclusivity has empowered grassroots movements and promoted participatory
governance.
 Deterrence Through Exemplary Penalties: By awarding compensation and levying
heavy penalties for environmental damage, the NGT has established itself as a
powerful deterrent against violations, compelling industries and authorities to operate
responsibly.
NOTABLE JUDGMENTS AND THEIR IMPACT
Some landmark cases highlighting the NGT's role include:

 Almitra Patel v. Union of India (2014): Addressed solid waste management and
municipal responsibility.
 Sterlite Industries Case (2013): Ordered closure of the plant due to environmental
violations.
 Yamuna Floodplain Case (Art of Living Event, 2016): Highlighted the importance
of preserving ecological zones.
 Vizag Gas Leak Case (2020): Immediate action and imposition of penalties
showcased its proactive role. These decisions have set precedents and compelled
compliance with environmental norms.
CRITICAL ANALYSIS OF THE EFFECTIVENESS OF THE
NGT
a. Strengths of the NGT

 Specialized Expertise: Inclusion of environmental experts ensures informed

decision-making.
 Speedy Justice: Fast-track resolution of cases has reduced delays compared to
traditional courts.
 Accessibility: Citizens, activists, and NGOs can file petitions without legal
representation.
 Suo Moto Powers: Enables the Tribunal to act without formal complaints.
 Environmental Precautionary Approach: Emphasizes the 'Polluter Pays' and
'Precautionary Principle'.

b. Challenges and Limitations

 Implementation Gap: Lack of enforcement mechanisms hampers compliance with

orders.
 Resource Constraints: Shortage of manpower and infrastructure limits operational
efficiency.
 Jurisdictional Conflicts: Overlaps with other judicial and administrative bodies
create ambiguity.
 Political and Bureaucratic Resistance: Often faces pushback from influential
stakeholders.
 Limited Outreach: Many affected communities remain unaware of the Tribunal's
existence.
 Appeal Route to Supreme Court: Makes the process expensive and less accessible
for marginalized groups.
COMPARATIVE PERSPECTIVE: NGT VS. GLOBAL
ENVIRONMENTAL TRIBUNALS
The National Green Tribunal stands unique among global environmental adjudicatory bodies
for its direct access to the public, simplified procedures, and integration of legal and scientific
expertise. While countries like the United States have administrative bodies like the
Environmental Protection Agency (EPA), and New Zealand has a dedicated Environment
Court, the NGT functions as a quasi-judicial authority that directly hears and decides cases.

However, significant differences remain in terms of scope, power, and resource allocation.
The EPA in the USA, for instance, has enforcement capabilities, regulatory powers, and a
massive budget, allowing it to implement decisions and conduct field-level inspections.
Similarly, the Environment Court of New Zealand has broader powers to mediate, enforce,
and resolve disputes in an integrated manner.

In contrast, the NGT, though impactful, lacks independent enforcement authority and relies
on cooperation from administrative agencies for implementation. Additionally, its budget and
staffing are far less compared to these international counterparts, which can limit its
operational reach and sustained impact.

Despite these limitations, the NGT is frequently cited as a progressive innovation in

environmental governance, especially within the Global South. Its emphasis on inclusivity,
public interest litigation, and reliance on foundational principles like sustainable development
and intergenerational equity make it a model that balances environmental protection with
developmental imperatives.
SUGGESTIONS FOR STRENGTHENING THE NGT
 Enhancing Infrastructure and Resources: Increase funding, staffing, and
technological support.
 Awareness Campaigns: Promote public knowledge about NGT through educational
initiatives.
 Strengthening Enforcement Mechanisms: Collaborate with local authorities to
ensure implementation.
 Expanding Regional Benches: Improve accessibility by setting up more regional
tribunals.
 Training and Capacity Building: Regular workshops for members on emerging
environmental issues.
 Simplifying Legal Procedures: Make it easier for laypersons to navigate the process.
CONCLUSION
The National Green Tribunal has emerged as a pivotal institution in India’s environmental
governance framework. Its proactive stance, landmark judgments, and citizen-oriented
approach have brought environmental justice to the forefront. However, to realize its full
potential, the NGT must overcome operational challenges, strengthen its enforcement
capabilities, and broaden its reach. A more robust, accessible, and empowered NGT can
significantly contribute to India's journey toward sustainable development.
REFERENCES
 National Green Tribunal Act, 2010
 Ministry of Environment, Forest and Climate Change (MoEFCC) Reports
 Case Law Judgments from NGT official portal
 Centre for Policy Research: Reports on Environmental Governance
 Journal Articles on Environmental Law and Justice in India
 News Archives (The Hindu, Indian Express, Down To Earth)