Name: Sweta Shree Rath
Course : BA LLB , 3rd year
College: KIIT school of law
KEY WORDS
Environmental degradation, PIL, NGT, Sustainable Development, environmental justice
ABSTRACT
Now a days the biggest threat to our society is the environmental threat. The environmental degradation is just threatening the life of the people. That’s why legal mechanisms is a necessity to ensure protection, restoration, and justice in our society. This article discusses the key role of the National Green Tribunal (NGT) and Public Interest Litigation (PIL) in promoting environmental governance in India. Air pollution, water pollution, soil degradation which contain various physical and chemical contaminants, also have a detrimental impact on human health and overall well-being which just violate the right to life (Article 21 ) of the people. The environment can be considered one of the greatest blessings bestowed upon humanity and all forms of life. However, human exploitation and indiscriminate use of natural resources for personal gain have led to widespread environmental degradation. In today’s world, financial gain often takes precedence over the value of life and nature. It examines how constitutional requirements, statutory provisions, and judicial principles like the Polluter Pays Principle, Precautionary Principle, and Public Trust Doctrine are translated through NGT and PILs. Through landmark case studies and judicial interpretation, the paper illustrates how these instruments enable citizens, promote environmental accountability, and advance sustainable development.
INTRODUCTION
The natural environment is pivotal to the existence of life on our planet, but it is still under stringent threats from climate change, pollution, and industrialization. While nature has provided us with a sustainable ecosystem, it is imperative for it to be preserved for the next generation. In spite of the continuous social and economic crises, protecting the environment is necessary because it has a direct impact on human health, air, food, and general well-being. Acknowledging the intricateness of environmental controversies many involving technical and scientific assessments the Supreme Court underlined the importance of the presence of experts in providing environmental justice. The Law Commission of India, in its 186th Report (2003), attested to the same by suggesting a specialist environmental court. The previous attempts such as the National Environment Tribunal Act (1995) and the National Environment Appellate Authority Act (1997) set the stage, culminating in the passing of the National Green Tribunal Act in 2010.
THE FORMATION OF THE NGT
The Directive Principles of State Policy (DPSP) in the Indian Constitution emphasize that it is the responsibility of the State to protect and enhance the environment and conserve the nation’s forests and wildlife. Initially, when the Constitution was framed, it did not contain any explicit provisions regarding environmental rights, and the concept of “environmental jurisprudence” was largely unfamiliar to the Indian judiciary. This scenario changed with the enactment of the 42nd Constitutional Amendment in 1976, which introduced Article 48-A and Article 51A(g), marking a significant shift in the constitutional approach toward environmental protection.
For years, India’s judiciary has struggled with a heavy backlog of cases, creating a need for a dedicated mechanism to handle environment-related matters separately. The idea of a specialized environmental court emerged as a solution to ease this burden. The establishment of the National Green Tribunal (NGT) was the result of extensive deliberation and evolved through multiple stages. A crucial factor in this development was the constitutional background, which had progressively transformed from offering vague provisions on environmental issues to incorporating concrete environmental safeguards, particularly after the 42nd Amendment.
ROLE OF NGT
The National Green Tribunal (NGT) was established with the main objective of providing speedy and efficient solutions to environmental cases. One of the biggest strengths of the NGT is its accessibility people are able to initiate claims of environmental harm or appeal administrative orders at ease without coming across complex legal barriers. The NGT is not tied down by the Civil Procedure Code or the Indian Evidence Act, 1872, unlike regular courts, but operates on natural justice principles. This freedom makes it possible for environmental activists and civic society to place relevant evidence before it without the strictures of traditional court processes. Consequently, even individuals without professional legal representation can properly argue their points before the Tribunal.
The NGT has jurisdiction in every civil case dealing with significant environmental issues related to laws like the Environment (Protection) Act, 1986, Air (Prevention and Control of Pollution) Act, 1981, and Water (Prevention and Control of Pollution) Act, 1974.The orders of the NGT are enforceable unless reversed or suspended by the Supreme Court. The Tribunal is directed to apply internationally and nationally accepted principles of the environment, like the Precautionary Principle and the Polluter Pays Principle, while making an order or a judgment. It can grant compensation for harm caused due to activities regulated under the laws enumerated in Schedule I of the NGT Act, and it can even order restoration of harmed properties and environmental systems. Under the Act, the NGT has to give its judgment within six months of making the application. The judgments given by it focus on sustainable development, and Section 20 of the Act itself requires it to do so. The NGT is the very first legal institution mandated by its parent enactment to apply the Polluter Pays Principle. Even as the judiciary played an active role in framing environmental jurisprudence, implementation of environmental laws in India has been weak. The NGT was formed to fill this vacuum and provide for stringent implementation of environmental law. It is a quasi-judicial authority, in that it is not a full court but can order administrative agencies and prescribe compliance with environmental law. The Tribunal consists of multidisciplinary specialists whose inclusion guarantees a wider point of view than the economic cost-benefit analysis of development projects.
The NGT has received international acclaim for its distinctive composition and forward-looking approach. It can cancel any government action that is contrary to environmental law. Scholars like Warnock have recognized the NGT as the most innovative environmental tribunal in the world, specifically for the effective recourse it provides. Supreme Court Justice Ranjan Gogoi has also recognized its comprehensive jurisdiction and pioneer role in environmental adjudication. The presence of expert members is an important aspect of the Tribunal’s structure, which significantly enhances its efficacy in disposing of environmental grievances.
LANDMARK VERDICTS BY NGT
In the Vizhinjam Port Project case (Kerala), the National Green Tribunal (NGT) emphasized that the NGT Act serves as a self-contained legal framework for resolving environmental disputes. The Tribunal clarified that it possesses all the characteristics of an independent civil court, including the authority to conduct judicial review of orders issued under subordinate legislation. When the case reached the Supreme Court of India on appeal, the apex court refused to stay the Tribunal’s judgment and instead asked the NGT to assess the substantive issues of the case. In its final ruling on September 2, 2016, the Tribunal chose not to revoke the environmental clearance given to the port project. However, it allowed construction to proceed only if the developers adhered strictly to the additional environmental safeguards that had been attached to the clearance by the regulatory authorities.
The Ganga River, regarded as the lifeline for nearly 40% of India’s population, has unfortunately become one of the most polluted rivers in the country, primarily due to industrial waste and sewage discharge. Recognizing the gravity of this issue, the Supreme Court of India, through Civil Writ Petition No. 3727 of 1985, on October 29, 2014, transferred the matter to the National Green Tribunal (NGT) to ensure effective adjudication and necessary directives for the restoration and rejuvenation of the river. Subsequently, on January 24, 2017, the Supreme Court formally entrusted the entire issue of Ganga’s pollution to the Tribunal for continued monitoring and action. To systematically tackle the problem, the NGT divided the 2500-km-long river into four phases, considering its vast geographic coverage, catchment area, and the activities impacting it. Phase I, Segment A, covered the stretch from Gomukh to Haridwar. In a notable move, the Tribunal adopted a consultative adjudication approach, engaging directly with relevant stakeholders to collaboratively seek sustainable solutions for cleaning the Ganga.In its detailed judgment on Phase I, the Tribunal issued specific directions to different responsible entities. These stakeholders began taking steps to develop the required environmental infrastructure in line with the order. To ensure proper execution, the Tribunal created a three-tier committee structure: A Principal Committee to monitor the overall implementation, an Executing Committee responsible for on-ground execution,a Supervisory Committee to oversee operations and seek necessary financial and technical approvals from the Principal Committee. The matter concerning the remaining sections of the Ganga continues to be under active consideration and adjudication by the NGT.
ROLE OF PIL IN PROVIDING THE ENVIRONMENTAL JUSTICE
Public Interest Litigation (PIL) is a potent instrument of law that empowers any person, organization, or group to turn to the judiciary on behalf of those who would otherwise not be in a position to safeguard their rights. In contrast to conventional litigation, based on direct personal interest, PIL permits the courts to deal with matters of public interest, such as environmental degradation, provided the issue concerns the public in general.
In environmental law, PIL has emerged as an important tool for the enforcement of environmental laws and rights in India. With increasing pollution, industrialization, and urbanization, the protection of natural resources and preventing ecological degradation has never been more necessary. PILs have proved to be instrumental in forcing public authorities, as well as private parties, to ensure that they did not violate environmental norms, caused pollution, carried out illegal deforestation, contaminated water, and other environmental degradation.Why PIL becomes particularly important is that it gives judicial recourse to affected and marginalized communities who lack both the funds and information to contest environmental abuses independently. Through PILs, courts have taken proactive steps in precedent-setting cases, ordering governments to adopt pollution control strategies, regulate toxic industries, and make concerted efforts towards sustainable development.
Moreover, PILs foster transparency and accountability in environmental administration. Through an examination of the inactivity or lack of attention on the part of regulatory agencies by the judicial system, PILs provide assurance that constitutional and legal responsibilities—such as under Article 48A (Directive Principles) and Article 51A(g) (Fundamental Duties)—are not violated. These provisions of law stress the responsibility of the state to look after the environment and the responsibility of citizens to preserve it. In addition, PIL has played a major role in raising public awareness and involvement in environmental issues. People are increasingly aware of their rights in the environment and are empowered to oppose activities that compromise the ecological balance. Through this process, PIL has not only emerged as an instrument for legal recourse but also a tool for environmental activism and sustainable policy influence. In reality, Public Interest Litigation has helped in environmental justice in India by filling the gap between environmental reality and legal rights, and by turning the judiciary into a crucial participant in the preservation of nature and upholding of environmental laws.
LANDMARK PIL IN PROVIDING ENVIRONMENTAL JUSTICE
MC Mehta vs UOI
Facts:
A large oleum gas leak took place on December 4, 1985, from one of the units of Shriram Food and Fertilizer Industries in Delhi. The leakage had severe health effects on many people, including workers and the general public around the area. Sadly, an advocate who was working at the Tis Hazari Court lost her life as a result of exposure to the gas leaked. Only two days after that, on 6 December, another small gas leak was reported from a pipe joint in the same industrial zone.
In reaction to these events, the Delhi government issued an immediate directive under Section 133(1) of the Code of Criminal Procedure, 1973, directing the company to discontinue use of toxic chemicals forthwith, shift the chemicals to a safe area within seven days, and avoid keeping such chemicals at the site of the incident in future. Alternatively, the company was directed to present itself before the District Magistrate to explain why it had not complied.
The issue was then brought before the Supreme Court of India via a Public Interest Litigation filed under Article 32 of the Constitution questioning the sufficiency of available legal remedies and highlighting the necessity for judicial intervention on account of the dangerous nature of the industrial activity.
Issue:
The main questions of law before the Court were:
- What is the ambit of Article 32 of the Indian Constitution in providing for environmental and public safety?
- Should the Strict Liability Principle (from Rylands v. Fletcher) be applied in such industrial accident cases, or is there a need to establish a new standard for hazardous industries?
Judgment:
On 20 December 1986, the Supreme Court, headed by Chief Justice P.N. Bhagwati, gave a milestone verdict. Appreciating the seriousness of the event and the insufficiency of the prevalent principles of common law, the Court enlarged the ambit of Article 32, reiterating that it was not only to be applied for enforcement of fundamental rights but also for action against massive violative situations occasioning endangerment to public health and safety. Significantly, the Court discarded the classical “Strict Liability” principle by observing that it was no longer appropriate in the context of present-day industrial processes involving inherently hazardous substances. The Court instead enunciated the “Absolute Liability Principle” with the holding that industries which carry on hazardous or inherently dangerous operations have an absolute and non-delegable duty towards the community. According to this principle, there would be no exceptions or defenses (e.g., acts of God or third-party fault). The company was therefore held strictly liable for maintaining safety and accountable for all the consequences of such industrial accidents.
CONCLUSION
Increasing awareness of environmental degradation, climate change, and public health has led to the need for robust legal frameworks for environmental regulation in India. The creation of the National Green Tribunal (NGT) and the development of Public Interest Litigation (PIL) have drastically changed the dynamics of environmental justice. NGT, being a specialized institution, offers a quick, expert-guided, and accessible platform for resolving complicated environmental controversies and enforcing regulatory compliance. Meanwhile, PIL has also enabled ordinary citizens and civil society to be guardians of the environment and hold accountable both public and private institutions. pioneering judgments like the MC Mehta v. Union of India (Oleum Gas Leak case) and the Ganga pollution case have established important legal principles such as absolute liability and sustainable development, and emphasized the concept that the right to a healthy and clean environment is an integral part of the right to life under Article 21 of the Constitution. Finally, both PIL and NGT have emerged as crucial instruments in promoting environmental democracy, encouraging transparency, and instilling collective responsibility of the state, industries, and citizens towards ecological conservation and social welfare. For such meaningful effect, however, these legal instruments have to be supported by purposive implementation, institutional resolve, and popular awareness so that development at the expense of the environment is not undertaken.
REFERENCE
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- Rengarajan, S., Palaniyappan, D., Ramachandran, P., & Ramachandran, R. (2018). National Green Tribunal of India—an observation from environmental judgements. Environmental Science and Pollution Research, 25(12), 11313–11318. https://doi.org/10.1007/s11356-018-1763-2
- Gill, G. N. (2019). The National Green Tribunal: Evolving Adjudicatory Dimensions. Environmental Policy and Law, 49(2–3), 153–162. https://doi.org/10.3233/epl-190151
