Mandate, Composition, Functions and Special Powers

Genesis of NGT

M.C. Mehta & Anr. Etc vs Union Of India & Ors. Etc (1986) case: The then Chief
Justice of India, Justice P.N. Bhagwati had suggested setting up Environmental
Courts because:

Due to more cases involving issues of environmental pollution, ecological

destruction and conflicts over natural resources.
Increasing need for assessment and evolution of scientific and technical data
regarding environmental matters.

A.P. Pollution Control Board vs Prof. M.V. Nayudu (1999) case: The Supreme Court in
the landmark case, emphasised on the need for a court that was “a combination of a
Judge and Technical Experts” with an appeal to the Supreme Court from the
Environmental Court.

Establishment of NGT: The NGT was established on 18th October, 2010 under the
National Green Tribunal Act 2010 for effective and expeditious disposal of cases
relating to environmental protection and conservation of forests and other natural
resources.

New Delhi is the Principal Place of Sitting of the Tribunal and Bhopal, Pune,
Kolkata and Chennai shall be the other four places of sitting of the Tribunal.

The Tribunal is not bound by the procedure laid down under the Code of Civil
Procedure, 1908, but shall be guided by principles of natural justice.

News:
10 yrs of NGT.

Mandate:
The high number and complexity of cases with respect to subjects dealt with by the
Ministry of Environment and Forests and the inability of the judiciary to deal with
such litigations in a time-bound manner had resulted in inordinate delays in
several processes related to the Environment Ministry.This led to the argument that
the enforcement, protection, and adjudication of environmental laws required a
specialised and dedicated body giving rise to the National Green Tribunal (NGT).
The NGT has five places of sittings, New Delhi is the Principal place of sitting
and Bhopal, Pune, Kolkata and Chennai are the other four.

The tribunal is mandated to make and endeavour for disposal of applications or

appeals finally within 6 months of the filing of the same. The Tribunal is not
bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall
be guided by principles of natural justice.

Composition:
The Tribunal comprises of the Chairperson, the Judicial Members and Expert Members.
They shall hold office for term of five years and are not eligible for
reappointment.
The Chairperson is appointed by the Central Government in consultation with Chief
Justice of India (CJI). Chairman-A person must be a Judge of the Supreme Court or
Chief Justice of High Court..
A Selection Committee shall be formed by central government to appoint the Judicial
Members and Expert Members.
Other Judicial members-Judicial member - A person must be a Judge of the Supreme
Court or Chief Justice of High Court or Judge of High court..
There are to be least 10 and maximum 20 full time Judicial members and Expert
Members in the tribunal.
Expert members should have a professional qualification and a minimum of 15 years
of experience in the field of environment/forest conservation and related subjects.
It shall be guided by the principles of sustainable development, the precautionary
principle and the polluter pays principle.
An appeal against order/decision/award of the NGT lies to the Supreme Court,
generally within ninety days from the date of communication.

Functions:
The NGT deals with the following seven laws related to the environment:
The Water (Prevention and Control of Pollution) Act, 1974,
The Water (Prevention and Control of Pollution) Cess Act, 1977,
The Forest (Conservation) Act, 1980,
The Air (Prevention and Control of Pollution) Act, 1981,
The Environment (Protection) Act, 1986,
The Public Liability Insurance Act, 1991 and
The Biological Diversity Act, 2002.

Track record:

Over 10 years, the NGT has made a difference to environmental protection. Since its
inception, the NGT has helped protect vast areas of forest land, halted polluting
construction activities in metros and smaller towns.
It has penalised errant officials who have turned a blind eye towards enforcing the
environmental laws, and held large corporate entities accountable for their
polluting activities.
NGT can provide relief and compensation to the victims of pollution and other
environmental damage and also call for restitution of the environment.

Protection of rights of people:

It has protected the rights of tribal communities and ensured the enforcement of
the “polluter pays” principle in letter and spirit.

Technical expertise:
The fact that the NGT is staffed with environmental experts ensured a better
understanding of the cases and subsequently improved the quality of the judgments.

Speedy justice:
The Tribunal’s dedicated jurisdiction in environmental matters shall provide speedy
environmental justice.

Reduced burden on judiciary:

The NGT has helped reduce the burden of litigation in the higher courts.

Problems:
Limit to Jurisdiction: Two important acts - Wildlife (Protection) Act, 1972 and
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006 have been kept out of NGT’s jurisdiction.
This restricts the jurisdiction area of NGT and at times hampers its functioning as
the crucial forest rights issue is linked directly to the environment.

Looming Vacancies: NGT only has three judicial and three expert members against the
sanctioned strength of 10 each.
The lack of human and financial resources has led to high pendency of cases - which
undermines NGT’s very objective of disposal of appeals within 6 months.

Limited Regional Benches: NGT being located in only big cities spread across India.
However, environmental exploitation is also taking place in the tribal areas of
dense forest.
Therefore, the justice delivery mechanism is also hindered by a limited number of
regional benches.

Obstacle to Development: Decisions of NGT have also been criticised and challenged
due to their repercussions on economic growth and development.

Bias during appointment: CG appoints the chairman and members, so SC and HC judgess
might give favours to the political party so as to get the posstion post
retirement. The appointment of expert member was put into question recently in the
Madras High Court because of lack of proper laid out criteria of appointments.

Solution:
Expansion of Regional Benches: NGT benches have to expand manifolds. These new
regional benched should have been based in a place that has the highest forest
cover or large mineral deposit.

Addressing Administrative Inadequacy: Vacancies in NGT, needs to be filled as soon

as possible.

Collaborative Approach: There is a need for the central and state governments to
work in collaboration with the NGT for balancing between environment & economy.

Appointment of inservice judicial members will remove the possibility of

favouritism.

Achievments:
In the Almitra H Patel Vs Union of India case, it directed states to implement
Solid Waste Management Rules and prohibited open burning of waste on lands.

In 2012, NGT suspended the clearance given to the South Korean steel maker, POSCO,
to set up a 12 million-tonne steel plant in Odisha.

In the Save Mon Federation Vs Union of India case, the NGT suspended a ₹6,400-crore
hydro project, to save the habitat of a bird.

A December 2016 amendment to EIA 2006 notification — the amendments basically

sought to give local authorities powers to grant environmental clearance to
builders — was nullified by the NGT, terming it as a “ploy” (by the government) to
circumvent the 2006 rules.
Problem: 2020 draft EIA Notification has again raised the same qustions.

Many Projects which were approved in violation of the law such as an Aranmula
Airport, Kerala; Lower Demwe Hydro Power Project and Nyamnjangu in Arunachal
Pradesh; mining projects in in Goa; and coal mining projects in Chhattisgarh were
either cancelled or fresh assessments were directed.
Problem: Rat hole mining was banned by NGT in 2014 on the grounds of it being
unscientific, unsafe and Env impact but is still continued in Meghalaya.

2019: National Green Tribunal (NGT) has directed the Chief Secretaries of Punjab,
Haryana and Uttar Pradesh to constitute special cells to review the air pollution
levels on a daily basis
Problem of stubble burning hasent been stopped. Pollution levels at Delhi and
neighbouring states continue to be high.

2021:Bring down benzene emission at fuel outlets, says panel

2021:India has the world’s highest death rate from chronic respiratory diseases.
The National Green Tribunal has constituted an eight-member National Task Force to
combat air pollution and monitor remedial steps to improve air quality.

What’s in News?

A joint committee appointed by the National Green Tribunal (NGT) to study air
pollution in Kerala has recommended the installation of vapour recovery system at
fuelling stations and retrofitting of diesel vehicles with particulate filters to
improve air quality.

The report pointed out that petrol refuelling stations were a major source of
benzene emissions, volatile organic compounds, and particulate matter 2.5
concentrations.
Therefore, it suggested that the installation of vapour recovery system is an
important step in improving air quality.

About National Green Tribunal (NGT):

It is a specialised judicial body equipped with expertise solely for the purpose of
adjudicating environmental cases in the country. It is a statutory body established
in 2010 under the National Green Tribunal Act.It is tasked with providing an
effective and expeditious remedy in cases relating to environmental protection,
conservation of forests and other natural resources and enforcement of any legal
right relating to the environment.
Composition:
Chairperson
Not less than ten but subject to a maximum of twenty full-time Judicial members
Not less than ten but subject to a maximum of twenty full-time Expert members
Qualification for an appointment for Chairperson, the Judicial member
Chairperson – A person must be a Judge of the Supreme Court or Chief Justice of
High Court. Hence statement 1 is not correct.
Judicial member - A person must be a Judge of the Supreme Court or Chief Justice of
High Court or Judge of High court.
Term of Office:
The chairperson, Judicial Member and Expert Member of the Tribunal shall hold
office for a term of five years from the date upon which they enter upon their
office. They will not be eligible for re-appointment.
In case a person, who is or has been a Judge of Supreme Court, has been appointed
as Chairperson or Judicial Member of NGT, he shall not hold office after he has
attained the age of seventy yearsIn case a person, who is or has been a Chief
Justice of High Court, has been appointed as Chairperson or Judicial Member of NGT,
he shall not hold office after he has attained the age of sixty-seven years
In case a person, who is or has been a Judge of High Court, has been appointed as
Judicial Member of NGT, he shall not hold office after he has attained the age of
sixty-seven years.
No expert member shall hold office after he has attained the age of sixty-five
years.
The NGT has jurisdiction over all civil cases (and not criminal cases) where a
substantial question relating to the environment is involved.
The decisions of the Tribunal are binding. The Tribunal’s orders are enforceable as
the powers vested are the same as in a civil court under the Code of Civil
Procedure, 1908. The decisions of the tribunal can be challenged before the Supreme
Court within ninety days. Hence statement 2 is correct.