·PIB·15 marks·250–350 words

Critically evaluate the effectiveness of specialised tribunals like the NGT in balancing developmental and environmental imperatives in India.

In this answer
  1. Strengths: where specialisation has delivered
  2. Weaknesses: the structural constraints

The National Green Tribunal, created under the National Green Tribunal Act, 2010 for expeditious disposal of environmental disputes, was designed to reconcile growth with ecological protection through a bench combining a judicial member and an expert member [3]. Its record shows real jurisprudential gains, but institutional design limits how far it can balance the two imperatives.

Strengths: where specialisation has delivered

  • Technical competence: the judicial-plus-expert bench allows scientific evidence on emissions, effluents and clearances to be weighed directly, rather than through generalist civil courts [3].
  • Procedural reform: between July 2018 and July 2023 the NGT adopted video conferencing even before COVID-19, and constituted a Special Bench for five-year-old and complex cases, reducing old pendency [1].
  • Digital access: the NGT Mobile Application, released alongside the International Conference on 'The Future of Environment and Climate Dynamics', lowers the cost for a villager or small fishing group of simply following a case [2].

Weaknesses: the structural constraints

  • Geographical reach: the NGT sits only at the Principal Bench, New Delhi and zonal benches at Kolkata, Bhopal, Chennai and Pune [4] — five locations nationally. An app solves the information problem, not distance or lawyer costs.
  • Independence: the Madras Bar Association judgments (2014, 2020, 2021) held tribunals insufficiently independent of the executive and recommended a National Tribunals Commission, still unimplemented [5]. The NGT's administrative parent, MoEFCC, is frequently a litigant before it.
  • Vacancies: a Parliamentary Standing Committee found vacancies render tribunals dysfunctional — the Armed Forces Tribunal had 23 of 34 member posts vacant (3 March 2021) [5]. A bench missing either member cannot be constituted.
  • Tenure: Rojer Mathew (2019) warned that short tenures enable executive control [5].

The NGT has embedded the polluter-pays and precautionary principles in Indian environmental governance, but its balancing capacity is throttled by empty chairs and executive dependence. Filling vacancies promptly, establishing the National Tribunals Commission, and expanding circuit benches would let the Tribunal deliver on Articles 21 and 48A and on India's sustainable-development commitments.

Sources

  1. 1National Green Tribunal (NGT) July 2018 to July 2023 — Innovative steps to simplify procedures, PIBvideo conferencing, Special Bench for five-year-old cases, pendency reduction
  2. 2Prime Minister's releases, Press Information BureauPM's inauguration of the International Conference on 'The Future of Environment and Climate Dynamics' and release of the NGT Mobile Application
  3. 3President of India inaugurates NGT's National Conference on Environment – 2025, PIBNGT Act, 2010 framework and its adjudicatory mandate
  4. 4National Green Tribunal, Press Information BureauPrincipal Bench and zonal bench locations
  5. 5The Tribunal System in India, PRS Legislative Research*Madras Bar Association* (2014, 2020, 2021), National Tribunals Commission unimplemented, *Rojer Mathew* (2019), Standing Committee on vacancies, AFT 23/34 posts vacant

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