Question

The National Green Tribunal (NGT) is an effective tool to provide access to environmental justice in India but do you think in recent times NGT losing its Bite?

Answer 1

The 21st century is witnessing a noteworthy transformation towards environmental justice with the rapid growth in environmental courts and tribunals (ECTs). India, too, is stepping forward towards green justice by enacting National Green Tribunal Act, 2010 and hence providing the provision for establishment of National Green Tribunal (NGT) for effective and expeditious disposal of environment related disputes.

NGT is a potential tool to bring the issues of environmental protection and development in equilibrium, by managing cases more efficiently and effectively; for supporting greater public information, participation, and access to justice; and for achieving more informed and equitable decisions. Since its establishment, the NGT has strongly influenced environmental litigation in India by providing effective judgments while resolving various environmental disputes.

The National Green Tribunal is considered an outstanding example of an environmental court, functioning in the backdrop of a constitutional safeguards provided to the right to a healthy environment as a fundamental right to life of all citizens enshrined under Article 21 of the Constitution of India. But as we approach nearly a decade since its inception, the looming question remains – has the NGT truly been a champion for the environment or day by day it is losing its bite?

Major Challenges faced by NGT

• There is the lack of proper infrastructure as it functions from two different premises.
• The body should have minimum 10 judicial and expert members, out of which only 2 judicial members and 4 expert members have been appointed till date.
• The number of environmental cases has been on the rise but due to lack of benches and infrastructure, the body is unable to pronounce its judgment on time.
• Despite various proactive support being taken by the tribunal the pollution levels has been continuously rising over the years. This is due to lack of effective support from government both at the centre as well in the states. The inefficiency of Central and State pollution control boards is another reason for it. This often results in delays in implementing the tribunal’s decision.
• The tribunal is not having suo-moto powers which also restricts its ambit in the area of environment.

In conclusion, it can be seen that a visible lack of political will to make appointments to the Tribunal coupled with a wave of new approaches adopted by the NGT for dealing with environmental cases, raises some serious questions on the functioning of the Tribunal, and its efforts to be a champion for the cause of the environment. Perhaps time will tell. Unfortunately, time is what we cannot spare in this larger fight to save the planet.