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Home / IAS Preparation / National Green Tribunal UPSC Notes

National Green Tribunal UPSC Notes: Objectives, Functions & More

Last Updated on Jul 28, 2024
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The National Green Tribunal NGT is a statutory body established under the National Green Tribunal Act 2010. It serves as a specialized environmental tribunal in India with the primary aim of providing effective and expeditious disposal of cases related to environmental protection, conservation of forests and other natural resources, and the enforcement of legal rights pertaining to the environment. The NGT holds jurisdiction over a wide range of environmental laws and plays a crucial role in addressing environmental disputes, promoting sustainable development, and safeguarding the environment for present and future generations.

This topic National Green Tribunal NGT UPSC is one of the most important topics for UPSC IAS Examination.

In this article on the National Green Tribunal UPSC, we shall discuss its structure, objectives, powers, significance, challenges faced, and key judgments. This will be very useful for aspirants in the UPSC Prelims Exam.

What is the National Green Tribunal NGT?

The National Green Tribunal is a specialized Indian judicial body, particularly constituted to handle environmental disputes. It was constituted under the Act of 2010 and was inaugurated on October 18, 2010. NGT looks at providing an effective and quick redressal of cases concerning environmental protection, conservation of forests, other natural resources, and enforcement of any legal right related to the environment. The tribunal deals with issues relating to pollution, deforestation, waste management, and biodiversity, among other issues relating to the environment. It also gives relief and compensation for damages to individuals and property. In general, the NGT flows from the right to a healthy environment as a fundamental aspect of the right to life under Article 21 of the Indian Constitution.

Also, read the article on the Ramsar sites in India here!

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Objectives of the National Green Tribunal

The National Green Tribunal (NGT) was set up with several core objectives aimed at strengthening environmental governance in India:

  • One of the primary objectives of the NGT is to provide fast-track justice in environmental cases. Environmental issues require swift intervention to prevent irreversible damage, and the tribunal is designed to ensure timely decisions.
  • By incorporating both judicial and environmental experts, the NGT ensures that decisions are made with comprehensive legal and technical understanding. This dual expertise enhances the quality and relevance of the tribunal's judgments.
  • The NGT aims to enforce environmental laws and regulations rigorously, holding violators accountable, promoting compliance, and deterring potential offenders. This contributes to the broader goal of environmental preservation and sustainability.
  • The tribunal empowers citizens by providing a platform where public grievances and environmental issues can be addressed. It facilitates greater public involvement in environmental governance and ensures that individuals have a voice in the decision-making process.
  • The NGT also aims to provide relief and compensation for damages caused by environmental degradation. This includes addressing the grievances of those adversely affected by environmental harm and ensuring that responsible parties remediate the damage.

Read about various environmental issues here.

Structure of the National Green Tribunal

The structure of the National Green Tribunal is designed to ensure balanced and informed decision-making with both legal and technical expertise:

  • Chairperson: The NGT is headed by a Chairperson, who is typically a retired Judge of the Supreme Court or a High Court. This ensures strong judicial oversight and experience in handling complex legal matters.
  • Judicial Members: In addition to the Chairperson, the NGT includes several judicial members, who are often retired judges from higher courts. These members ensure that environmental disputes are adjudicated within the framework of existing laws.
  • Expert Members: The tribunal also includes expert members possessing specific knowledge and experience in environmental management, scientific disciplines, and public administration. These members provide critical technical insights that inform the tribunal's judgments.
  • Benches: The NGT operates through multiple benches located across India. This decentralized structure ensures that the tribunal is accessible to people from various regions and can handle cases specific to different geographic and environmental contexts.

Learn more about Renewable Resources.

Powers and Functions of National Green Tribunal NGT

The NGT is endowed with significant powers and functions to tackle environmental issues comprehensively:

  • Power to Hear Cases: The tribunal can hear original applications and appeals under various environmental laws. This includes the Water (Prevention and Control of Pollution) Act, the Air (Prevention and Control of Pollution) Act, and the Environmental Protection Act. This broad jurisdiction ensures all environmental disputes can be addressed.
  • Relief and Compensation: The NGT has the authority to provide relief and compensation for damages to persons and property. This function ensures that those affected by environmental harm are compensated and that remediation measures are implemented to prevent further damage.
  • Enforcement of Orders: The tribunal's orders are legally binding and can be enforced as if they were decrees of a civil court. This gives the NGT the power to ensure compliance with its decisions and take corrective actions where necessary.
  • Imposition of Penalties: The NGT can impose fines and penalties on individuals or entities violating environmental laws and regulations. This punitive measure serves as a deterrent to non-compliance and promotes adherence to environmental standards.
  • Expert Assistance: The tribunal can seek the assistance of experts and specialists to provide informed and technical advice on complex environmental issues. It ensures that its decisions are well-founded and scientifically sound.
  • Review and Revision: The NGT has the power to review and revise its own decisions. It provides an avenue for reconsideration and ensuring that justice is served accurately and fairly.

Also, study the NCERT Notes on Geography Environment from the linked article.

Significance of the National Green Tribunal

The National Green Tribunal is of considerable importance in regard to environmental governance over the territory of India:

  • Timely Justice: The NGT, being a quick and dedicated forum of environmental cases, ensures that justice is delivered without any undue delay. This is crucial for environmental cases where the implications of delays can be irreversible.
  • Expert Decision-Making: The presence of judicial members in the tribunal and experts from related domains makes certain that its decisions would be well-informed and balanced with respect to the issue, covering the legal and technical perspectives pertaining to it.
  • Public Trust and Engagement: NGT provides a platform for redressal of environmental grievances. This enhances public trust in environmental governance. It empowers citizens to actively take part in the protection of their environment by holding authorities accountable.
  • Strengthening Environmental Laws: Its orders and directions have also made the implementation of environmental laws much stronger and more effective in India. Most of its decisions emerge as policy alterations and legal norm modifications.
  • Environmental Consciousness: Activities of the NGT have made people, policymakers, and industries rather more aware of their responsibilities toward the environment. This in turn leads to better environmental practices and compliance with regulations.

Read the article on the Biological Disaster Management!

Challenges Faced by the National Green Tribunal

Despite all its renowned contributions, the following difficulties are confronted by the National Green Tribunal:

  • Resource Constraints: The NGT is normally faced with a dearth of financial and human resources. This impacts the management of such a vast volume of cases and delivery of timely resolutions efficiently.
  • Implementation of Orders: One of the biggest challenges remains the enforceability of its orders. Bureaucratic inertia and resistance at different levels of government impede the proper implementation of directions issued by the tribunals.
  • Jurisdictional Conflicts: There have been cases of jurisdictional conflicts with other courts and tribunals, quite often leading to confusion and delays in deciding environmental disputes. The authority has to preferably and clearly demarcate the ambit and the limits of NGT jurisdiction.
  • Awareness and Accessibility: The role and functions of the NGT are largely unknown in rural areas of the country. This limits its reach and effectiveness for ensuring that marginalized communities get redress in cases of environmental issues.
  • Political Pressures and Economic Interests: Skin-off from the raging political and economic pressures, especially with respect to big-ticket infrastructure-cum-development projects. The imperatives of development have to be balanced with those of environment protection.

Read the article on the Wildlife Protection Act!

Landmark Judgements Related to the National Green Tribunal

The NGT has delivered several landmark judgments that have significantly impacted environmental governance in India:

  • Yamuna Pollution Case: The NGT issued critical directives to various governmental and civic agencies to take immediate measures to curb pollution in the Yamuna River. This included installing sewage treatment plants and controlling industrial effluents.
  • Sterlite Copper Plant Case: In a significant decision, the NGT ordered the closure of the Sterlite Copper plant in Tamil Nadu due to environmental non-compliance.
  • Art of Living Event on Yamuna Floodplains: The tribunal held the organizers accountable for environmental damage caused by a large public event on the Yamuna floodplains, emphasizing the protection of sensitive ecological areas.
  • NGT’s Directions on Air Pollution in Delhi: The tribunal has passed various orders to combat Delhi’s severe air pollution. This includes measures on vehicular emissions, dust control, and waste management.

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Key Takeaways for UPSC Aspirants

  • Establishment and Objective: The NGT was set up under the National Green Tribunal Act of 2010 to expedite the resolution of environmental disputes. The primary objective is to effectively address issues related to environmental protection, conservation of forests, and other natural resources.
  • Jurisdiction: The tribunal has jurisdiction over a wide range of environmental issues that are specified under laws like the Water (Prevention and Control of Pollution) Act, the Air (Prevention and Control of Pollution) Act, the Environmental Protection Act, and the Forest (Conservation) Act, among others.
  • Composition: The NGT comprises judicial members, typically retired judges of the Supreme Court or High Courts, and expert members with specialized knowledge in environmental matters. The tribunal is headed by a Chairperson.
  • Significant Powers: The NGT has the authority to hear cases relating to environmental protection, enforce environmental laws, and provide relief and compensation for damages. Its directives are binding and can be enforced as decrees of a civil court.
  • Timely and Expert Adjudication: The tribunal is designed to provide swift and informed judgements on environmental issues, ensuring timely intervention which is crucial to prevent irreversible ecological damage.
  • Public Participation: It empowers citizens to bring environmental issues before the tribunal, thus promoting greater public involvement and awareness in environmental governance. It acts as an accessible platform for addressing public grievances related to environmental harm.
  • Challenges: Despite its significant role, the NGT faces challenges like resource constraints, enforcement hurdles, jurisdictional conflicts, and political and economic pressures. There is also a need for greater public awareness and accessibility, especially in rural areas.
  • Landmark Judgements: The NGT has delivered several impactful verdicts on issues like pollution control (Yamuna Pollution Case), industrial non-compliance (Sterlite Copper Plant Case), protection of ecological areas (Art of Living Event on Yamuna Floodplains), and tackling air pollution (measures in Delhi).

We hope that all your doubts regarding the National Green Tribunal will be cleared after going through this article. You can download the Testbook App now to check out various other topics relevant to the UPSC IAS Exam.

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National Green Tribunal UPSC FAQs

The main objectives of the National Green Tribunal (NGT) are: the effective and expeditious disposal of cases related to environmental protection, conservation of forests and other natural resources, and the enforcement of legal rights relating to the environment.

The National Green Tribunal is headed by a Chairperson who is a retired judge of the Supreme Court of India.

The National Green Tribunal (NGT) exercises jurisdiction over cases related to various environmental laws, including: the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, the Forest (Conservation) Act, 1980, and the Biological Diversity Act, 2002.

Yes, the National Green Tribunal NGT is a statutory body established under the National Green Tribunal Act 2010.

The headquarters of the National Green Tribunal NGT is located in New Delhi, India.

The National Green Tribunal NGT operates independently and is not under any specific ministry. However, it is functionally associated with the Ministry of Environment, Forest and Climate Change, considering its jurisdiction over environmental matters.
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