National Green Tribunal

Polity & Governance glossary

Also called: NGT · Topic: Justice Delivery: Subordinate Courts, Tribunals, Legal Aid and Judicial Reforms · NCERT: Beyond NCERT

Meaning

The National Green Tribunal (NGT) is a specialised tribunal (a body made by law to decide disputes in one field) created by the NGT Act 2010. It decides civil cases that raise a substantial question relating to the environment under the seven Acts listed in Schedule I of that law [1]. It matters because it gives people a quick, expert forum for environmental harm. It also builds Indian environmental law through principles like polluter-pays and the precautionary principle.

Explanation

How it is set up

  • Law and date: The NGT Act 2010 created the tribunal. It was set up on 18 October 2010.
  • Benches:
  • The principal bench is at New Delhi.
  • Zonal benches sit at Kolkata, Bhopal, Chennai and Pune [1].

  • The Central Government decides where benches sit and which area each bench covers [1].

  • Composition:

  • Chairperson: a retired Supreme Court judge or a retired Chief Justice of a High Court.
  • Judicial members: people with legal or judicial experience.
  • Expert members: scientists, or people with experience in running environmental administration.
  • The mix matters. Environmental disputes need both law and science.

What cases it hears (jurisdiction)

  • Original jurisdiction (cases filed first in the NGT): all civil cases where a substantial question relating to the environment arises. This includes enforcing any legal right linked to the environment [1].

  • These cases must arise under the seven Acts in Schedule I: 1. Water (Prevention and Control of Pollution) Act 1974 2. Water (Prevention and Control of Pollution) Cess Act 1977 3. Forest (Conservation) Act 1980 4. Air (Prevention and Control of Pollution) Act 1981 5. Environment (Protection) Act 1986 6. Public Liability Insurance Act 1991 7. Biological Diversity Act 2002

  • Not covered: the Wildlife (Protection) Act 1972 and the Forest Rights Act 2006.

  • Appellate jurisdiction (hearing appeals): It hears appeals against certain orders under these Acts. For example, it hears appeals against orders of the appellate authority under s.28 of the Water Act 1974 [1].
  • Civil courts shut out: Once the NGT was set up, civil courts lost the power to hear appeals on matters the NGT can decide [1].
  • Suo motu power: Suo motu means the tribunal acts on its own, without anyone filing a case. The Supreme Court upheld this power in 2021.

Principles it applies

  • Polluter-pays principle: whoever causes pollution pays to repair the damage and to compensate the victims.
  • Precautionary principle: if there is a risk of serious harm, act to stop it, even before science is fully certain.
  • Sustainable development: growth that does not harm the needs of future generations.

Time limits and appeal

  • Step 1, filing and decision: The NGT aims to decide a case within six months of filing.
  • Step 2, appeal: A person unhappy with an NGT order can appeal directly to the Supreme Court within 90 days.
  • The High Court is not part of this chain of appeal.

In the Constitution and practice

  • Constitutional roots:
  • Article 21 (right to life). Courts read it to include the right to a healthy environment.

  • Article 48A (a Directive Principle, which is a guideline for the State that no court can enforce). It says the State shall protect and improve the environment.

  • International roots: At the Rio Earth Summit (1992), India promised to give people effective judicial remedies (ways to get justice through courts) for environmental harm.

  • Judicial and expert push:
  • In A.P. Pollution Control Board v. M.V. Nayudu (1999), the Supreme Court called for specialist environmental courts.

  • The Law Commission's 186th Report (2003) recommended environmental courts.

  • Legal base: It was set up by an ordinary Act of Parliament, the NGT Act 2010, not by a constitutional amendment. Schedule I of that Act lists the seven laws it covers [1].

  • Wider tribunal framework: The 42nd Amendment (1976) added Art. 323A (tribunals for public-service matters) and Art. 323B (tribunals for other subjects). But like most specialised tribunals, the NGT comes from its own Act.
  • Key case: In Municipal Corporation of Greater Mumbai v. Ankita Sinha (2021), the Supreme Court upheld the NGT's suo motu power.
  • Record in practice:
  • Gains: Its use of the polluter-pays and precautionary principles has helped build Indian environmental law.
  • Vacancies: Many posts on its benches stay empty.
  • Weak compliance: Its orders are often not followed on the ground.
  • Overreach charge: Critics say it sometimes makes policy, for example by imposing large fines or bans. This is called judicial overreach (when a court or tribunal steps into the work of the government).

Don't confuse with

  • Wildlife (Protection) Act 1972 / Forest Rights Act 2006 cases: These Acts are not in Schedule I, so the NGT cannot hear cases under them. The Forest (Conservation) Act 1980 and the Biological Diversity Act 2002 are covered.
  • Ordinary civil courts: Civil courts hear general civil disputes. For matters the NGT can decide, civil courts lost the power to hear appeals [1].
  • Consumer Disputes Redressal Commissions: These form a three-tier quasi-judicial system under the CPA 2019, so appeals climb from District to State to National. The NGT has one tier, and its appeal goes straight to the Supreme Court.
  • Pollution control boards: These boards enforce pollution laws on the ground. The NGT decides disputes, including appeals against orders made under the Water Act.

Prelims Hooks

  • NGT Act 2010 covers 7 Acts in Schedule I. It does not cover the Wildlife (Protection) Act 1972 or the Forest Rights Act 2006.
  • Benches: The principal bench is at New Delhi. The zonal benches are at Bhopal, Pune, Kolkata and Chennai [1].
  • Appeal: An NGT order can be appealed to the Supreme Court within 90 days, not to a High Court.
  • Ankita Sinha (2021): The Supreme Court upheld the NGT's suo motu power.
  • Roots: Art. 21 plus Art. 48A, the Rio Earth Summit (1992), M.V. Nayudu (1999) and the Law Commission's 186th Report (2003).
  • Chairperson: a retired Supreme Court judge or a retired Chief Justice of a High Court. The NGT aims to decide cases within six months.

Mains Points

  • Activism vs separation of powers:
  • The NGT fills gaps where the government fails to enforce environmental law.
  • But broad bans, large fines and suo motu cases raise separation-of-powers concerns (each branch of government keeping to its own role).

  • Better compliance is likely to come from stronger enforcement by pollution control boards, not from more orders.

  • Bypassing High Courts:

  • Direct appeals to the Supreme Court sit uneasily with L. Chandra Kumar (1997). That judgment held that High Court judicial review (the courts' power to check whether laws and government actions are valid) is part of the basic structure.

  • Direct appeals also crowd the Supreme Court and make justice costlier for people far from Delhi.

  • Independence and capacity:

  • Vacancies, and ministry control over appointments and funding, weaken the NGT.
  • A proposed National Tribunals Commission would handle appointments, funding and administration. This would make tribunals more uniform and more independent.

Related concepts

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Sources

  1. 1India Code: National Green Tribunal Act, 2010indiacode.nic.in · tier 1