NATIONAL GREEN TRIBUNAL (Syllabus: GS Paper 2 – Governance)

Context: The southern bench of the National Green Tribunal (NGT) has formed a high-level committee to ensure the arrest the spread of an oil spill and prevent it from entering the sea cause by Cyclone Michaung.

National Green Tribunal

• Formation: A statutory body established by an Act of the Parliament i.e., National Green Tribunal, Act, 2010.
• Objective: The effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
• Inspired by:

oUnited Nations Conference on the Human Environment held at Stockholm in 1972.

oUnited Nations Conference on Environment and Development held at Rio de Janeiro in 1992.

oConstitution of India under Article 21.

• NGT Powers: The following are the Acts under which NGT can take actions and has authority to take actions:

oThe Water (Prevention and Control of pollution) Act, 1974
The Water (Prevention and control of Pollution) Cess Act, 1977

oThe Forest (Conservation) Act, 1980

oThe Air (Prevention and Control of Pollution), 1981

oThe Environment (Protection) Act, 1986

oThe Biological Diversity Act, 2002

• However, the NGT Act does not cover two important legislations : The Wildlife (Protection) Act, 1972 and Forest Rights Act, 2006.
• Important points related to NGT:

oIt is not be bound by the procedure laid down under the Code of Civil Procedure, 1908, or the Indian Evidence Act, 1872.

oIt shall be guided by principles of natural justice.

oIt is vested with the powers of a civil court under the Code of Civil Procedure

oTribunal is mandated to make and endeavour for disposal of applications or appeals finally within 6 months of filing of the same.