NGTs Suo-Motu Powers (October 2021)

The National Green Tribunal has been declared as a “unique” forum by the Supreme Court being endowed with suo motu i.e.. , on its own motion powers for taking up environmental issues across India. NGT՚s role is not simply adjudicatory in nature. It has to perform equally vital roles being preventative, ameliorative, or remedial in nature. NGT՚s functional capacity is intended towards leveraging wide powers to do full justice w. r. t environmental mandate.

Earlier the Centre had argued that NGT does not enjoy any suo moto powers. However, an application in this regard could be entertained by it. NGT deals with all environmental multidisciplinary issues as original and also as an appellate authority. Article 21 protects the right to life and personal liberty. NGT has also been recognized as one of the most progressive Tribunals in the world. It has developed as an important body over the years passing strict orders on issues related to deforestation, waste management, pollution, etc.

Laws Related to the Environment

National Green Tribunal

  • A specialized body set up under the National Green Tribunal Act 2010.
  • Effective and expeditious disposal of cases related to environmental protection and conservation.
    • Forests
    • Other natural resources
  • After Australia and New Zealand, India became only the third country in the world to set up a specialized environmental tribunal.
  • Disposal of applications or appeals within 6 months of filing the same.
  • Though the tribunal has powers to review its decisions in case it fails the decision could be challenged within ninety days before the Supreme Court.
  • Headed by the Chairperson (appointed by the Central Govt. of India) , the Tribunal has at least ten but not more than twenty judicial members.
  • The NGT members hold the office for five years.

Dispute Arose under Seven Specified Laws

  • The Water Act
  • The Water Cess Act
  • The Forest Conservation Act
  • Air Act
  • Environment Protection Act
  • Public Liability Insurance Act
  • The Biological Diversity Act

Challenges Faced

  • NGT has failed to get the minimum strength of ten judicial and ten expert members to address the increasing number of environmental litigations.
  • The Polluters don՚t abide by the rules of NGT.
  • Lack of institutional mechanism.
  • Heavy penalty has been imposed on the tribunal due to the NGT orders being challenged in the Supreme Court.

Examrace Team at Feb 16, 2022