Hues in the Green Tribunals

Context: Constitution of National Green Tribunal (NGT) has given rise to diverse volume of environmental litigations.

Significance of the NGT

• To unburden apex courts: Rising pendency of environmental cases leads to delays in hearing of environmental cases.

• To establish a specialised and dedicated environment body: for enforcement, protection, and adjudication of environmental laws.

• To increase access to all citizens: The Tribunals could have regional branches in various States unlike the Supreme Court (SC) and can increase the quality of time spent on environmental issue. 
• To adjudicate environmental issues: through ecological experts and by assessment of scientific and technical data.
• For E.g. It protected vast acres of forest land by halting polluting construction activities in environment sensitive areas, and ensured the enforcement of the “polluter pays” principle.

Evolution of NGT

• “Forest bench”: The SC for the first time, designated a special Bench to handle environment related cases, in the year 2009.

• National Environment Tribunal (1995) : The tribunal could award limited amounts of compensation in cases of environmental damage to life or property. 

• National Environment Appellate Authority (1997): to act as a forum for challenges to environmental clearances.

• M.C. Mehta & Anr. Etc vs Union of India & Ors. Etc (1986) case: suggested setting up of regional environmental courts.

• A.P. Pollution Control Board vs Prof. M.V. Nayudu (1990) case: re-emphasised the need for environmental courts.

Issues with the NGT: 

• Tribunalisation: by shifting the judicatory matters away from the judiciary to executives appointed by the Government.
• Inadequacy: Tribunal did not go far enough in terms of jurisdiction, authority, impact, or autonomy. 

• +NGT must focus less on governance issues and more on adjudication.
• Increase expansion of NGT Benches to increase the accessibility; SC must not suspended the environmental rules without proper analysis and discussion.
• Vacancies have to be filled quickly and ensure strict enforcement of the criteria for appointments to the NGT.

Conclusion: NGT must continue to remain a proactive ‘inconvenience’ to all those who make economic growth ecologically unsustainable.