National Green Tribunal (NGT)

Source: NIE

Subject: Environment

Context: The NGT has directed the CPCB, Kerala SPCB and Plantation Corporation of Kerala to trace hundreds of missing barrels of banned pesticide Endosulfan.

About National Green Tribunal (NGT):

What it is?

• A specialised judicial body for speedy disposal of environmental disputes, functioning with expertise in environmental science and law.

Established in: Set up on 18 October 2010 under the National Green Tribunal Act, 2010 to provide dedicated and time-bound environmental justice.

Aim: To ensure effective environmental protection, conservation of natural resources, and provide relief and compensation for environmental damage.

Jurisdiction:

• Handles civil cases involving substantial environmental questions linked to laws listed in Schedule I (e.g., Water Act, Air Act, EPA, Forest Conservation Act, Biodiversity Act).

• The following important Acts are NOT within NGT’s jurisdiction: Wildlife Protection Act, 1972: Wildlife crimes, poaching, sanctuary matters fall outside NGT’s powers and go to regular courts. Indian Forest Act, 1927: Issues of forest offences, transit rules, and forest land rights are not heard by the NGT. Forest Rights Act, 2006 (FRA): Claims, titles, individual/community forest rights are outside NGT jurisdiction.

• Wildlife Protection Act, 1972: Wildlife crimes, poaching, sanctuary matters fall outside NGT’s powers and go to regular courts.

• Indian Forest Act, 1927: Issues of forest offences, transit rules, and forest land rights are not heard by the NGT.

• Forest Rights Act, 2006 (FRA): Claims, titles, individual/community forest rights are outside NGT jurisdiction.

• Has appellate jurisdiction over decisions relating to environmental clearances, pollution control orders, and biodiversity benefit-sharing disputes.

Governance Structure:

• Chairperson: Head of the Tribunal – must be a retired Supreme Court Judge or Chief Justice of a High Court and appointed by the Central Government in consultation with the CJI.

• Judicial Members: Retired Judges of SC/HC and handle adjudication of environmental disputes based on legal principles.

• Expert Members: Specialists in environmental science, forestry, pollution control, or related fields; ensure interdisciplinary decision-making.

Powers & Functions:

• Can provide relief, compensation, and restitution for victims of pollution, environmental damage, and hazardous substance accidents.

• Applies the polluter pays, precautionary, and no-fault liability principles while awarding compensation.

• Not bound by the Civil Procedure Code; guided instead by principles of natural justice for faster adjudication.

• Aims to decide cases within six months, reducing burden on High Courts and the Supreme Court.

• Can enforce environmental rights, impose penalties, direct restoration work, and monitor compliance with its orders.