This article is written by Ashika Verma during her internship with LeDroit India.
KEYWORDS-
- consti.- constitution
- no. – number
- govt.- government
- UOI – union of India
- Ors.- Others
- NGT – National Green Tribunal
ABSTRACT-
India has been emerging as one of the fastest developing country in the whole world. It is seen that the post independence approach of India was mainly concerned with economic development and relief from poverty rather than environmental concerns. Since the independence of India in 1947, there had been various acts that had been enacted additionally there are about 105 amendments in the consti. of India since it came forward in 1950 and no. of environmental laws such as The Forest Conservation Act 1980, The Environmental ( Protection) Act 1986, The Wildlife Protection Act 1972, have been enacted to ensure the development of the country and keep it progressive. The main aim behind implementation of these environment acts is to protect and conserve the wildlife, since environment is one of the most necessary tool for the survival of a human being. The protection of environment is not only the task which the govt. is obliged to do but this is the duty of every individual to do the same . This duty has been mentioned in the consti. of India as well under Article 51 A (g). The legislation has taken various steps for enacting these environmental acts in an effective manner one such effective step that had been taken by the govt. of India is the implementation of the National Green Tribunal. This tribunal is made in order to see through the cases that are concerned with the environment protection.
INTRODUCTION-
The concern about protection of environment is not only surrounded in India but it exists outside also. At the international Rio de Janerio conference the Stockholm Declaration of 1972 had recognised the necessity for the formation of the body that is central specialised to solve the matters related to environmental concern within a period of time. The members there on agreed on the fact that there is a very much need for the courts/tribunals in order to handle the problems that are related to the environment. From the word ‘Tribunes’ the word tribunal has been derived which mean ‘magistrate of the classical roman republic’. Tribunal is a court or body that is being established with the purpose of only a certain case. These are established when there is grave dispute involved. It is basically any institution that has the authority to judge, to solve disputes. It is a quasi-judicial institution. The consti. Of India also guides the formation of this agency by the provisions of Article 21. Further through 42nd amendment, Article 323B has been inserted it is mentioned that the Parliament and the state legislatures have the power for establishment of tribunals.
ABOUT NATIONAL GREEN TRIBUNAL-
National Green tribunal is a body that has been set up under the National Green Tribunal Act 2010 for the proper management and solving of the cases that are being related to the environment and protection of wildlife. After the countries like Australia and New Zealand, India became the third country in the world to set up the environmental tribunal in order to solve the environmental problems. With this India has become the first developing country to adopt the same. In India NGT is being settled in five places with New Delhi being the head and the rest in Pune, Bhopal, Chennai, Kolkata.
REASONS FOR IMPLEMENTATION
As India is the member of United Nations Conference on Human Environment has made sure that it would provide a very helpful and effective system to provide necessary support to the victims of the environmental pollution.
In the present day, there has been allot of emphasis that has been laid upon the natural resources and with the rapid industrialization and urbanization process the concern is increasing day by day and there allot of cases that are being pending with regard the same. One of the main objective is the protection of right to life and a healthy environment as inserted under Article 21 of the Indian consti.
The NGT also provides for the strict liability to the people who all are involved in the environmental damages or any kind of accidents that are related to the hazardous substances. The NGT works basically upon the two principles that is ‘the polluter pays’ principle and ‘sustainable development’. The polluter pays principle mentions that the party whoever has caused pollution or damage would be responsible and would pay the damages that are being done to the natural environment. Sustainable Development here refers to the protecting and conserving the natural resources for the upcoming generation.
OBJECTIVES-
To understand more about NGT firstly one needs to know more about the main objectives of the tribunal that are listed below-
It objects at the speedily and efficient disposal of the cases that are being related to the protection and conservation of the environment, natural resources and the wildlife.
It intents to provide for relief and compensation for any kind of damages that has been caused to any person or any property in relation to the environment. It also handles variety of environmental disputes that are related to multi-disciplinary issues.
It guarantees protection of citizens to healthy environment and livelihood that has been inserted under Article 21 of the consti. Of India.
By creating the tribunals less pressure would be on the courts as there would be already separate courts for the cases that are being related to the environment.
APPOINTMENT OF MEMBERS, CHAIRMAN
National Green Tribunal consists of the following-
- A Chairperson, the chairperson is to be appointed in consultation with the Chief Justice of India, if it seems necessary to the chairman he might invite one or more persons having knowledge of same. By consulting the chairperson the central govt. May establish the regulations that would govern the tribunal
- Judicial Members minimum of 10 and maximum of 20 ( the no. Of members shall be notified by the central govt.)
- Expert Members of minimum 10 and maximum of 20 members which shall also be notified by the central govt.
The members of both judicial and expert members of NGT are to be appointed on recommendation of Selection Committee. The place of sitting shall be decided by the central govt.
The qualifications for the chairperson, judicial members and expert members are listed below-
- A chairperson of the NGT shall be the judge of supreme court of India or the Chief Justice of high court.
- A Judicial member shall be a judge of supreme court or the chief justice of High Court or the person who is or has been a judge of the high court
- An expert member shall be having the degree in Master of Technology, Master of Science, or Master of Engineering plus one should have fifteen years of experience in the related field. Additionally it includes five years of the practical experience in the field of environment. One must also have fifteen years of administrative experience in environmental matters in state or central govt.
Additionally the Chairperson, the judicial members and expert members are not allowed to hold any other office during their appointment. The chairperson, the judicial members and the expert members are not allowed to except employment from any person who has been party before the tribunal. The mentioned provision would not apply in case where the employment is under the central govt., state govt. or local authority.
All the members who are appointed shall hold the office for a period of five years and are not eligible for any re-appointment. The members shall address their registration by giving notice in writing to the central govt.
Currently Justice Prakash Shrivastava the former chief justice of Calcutta high Court, has now being appointed as the chairperson of NGT. He has taken place of Justice A.K. Goel retired.
POWERS OF NATIONAL GREEN TRIBUNAL-
From the date of it’s establishment in the year 2010 this tribunal has played a very crucial role in the solving of the cases in an effective manner and a no. Of landmark judgements have been made by the tribunal in relation to the environmental matters. There are a no. Of powers that are being associated with this tribunal, these powers are as follows-
- The NGT has the power to hear and make judgements that are related to the environmental disputes it also includes air pollution dispute, water dispute, diversity conservation and many more.
- It has the power to incorporate it’s decisions and orders as well as it can take actions against the institutions or individuals who violate the laws of environment or who cause damage to the environment.
- The NGT not only makes orders and judgements but also have the power to take look of the activates that impact the environment which includes industries, mining and various construction projects.
- The NGT has the power to review it’s own decisions additionally the decisions of the same can be reviewed by the supreme court.
- The NGT provides for the speedy trials for the environmental related issues these includes reduction of the burden upon the other courts.
- The NGT mainly revolves around the following seven laws that are-
Water Act (Prevention and Control of Pollution), 1974
Forest Act Conservation, 1980
Air Act (Prevention and Control of Pollution ), 1981
Environment (Protection) Act, 1986
Public Liability Insurance Act, 1991
Water Cess Act (prevention and control of Pollution), 1977
Biological Diversity Act, 2002
- Environmental Impact Assessment (EIA) is also observed by the NGT. EIA refers to a process that sees the impact of the project and the development. It is a tool that is used to assess the positive and negative impact of any project.
LANDMARK JUDGEMENTS OF NGT-
The very first need for such tribunal was felt in 1986 by the supreme court in the Oleum gas leak case This case had a very great impact upon the environmental concerns the principle of absolute liability is to be applied. Before this case the rule of strict liability was being applied which was laid in the case of Ryland v. Fletcher, from this strict liability the industries could escape and take the defence of an ‘ Act of God’ but now the same has been replaced with absolute liability.
The other such case was Samit Mehta v. UOI , in this case the polluter pays principle is involved where the party from whose negligence the ship got sinked and large amount of coal, fuel, oil and diesel sinked into the water. As a result this polluted the water so the court asked the parties for the compensation regarding the same.
One of the case was Save Mon Region Fedelanteration and Ors. V. UOI in this the appellant filed the case and opposed against the grant of Environmental Clearance given to a hydro project. This project would endanger the Black necked Crane birds and also other species living there. The court had suspended the Environmental Clearance that had been granted to the project.
CONCLUSION–
Since the formation of NGT there had been various developments that are being taking place. Additionally there are allot of changes that are seen in the environment as well as people are taking necessary steps in order to protect the same. NGT is being acting as one of the fastest court in order to solve the cases that are being related to the environmental concern. According to the reports around 36356 cases have been inserted and about only 2404 cases are pending before the NGT. This can be seen as one of the effective steps towards the development of the country. The 2020 report of the Environmental Performance Index that is being prepared by Yale Centre for Environment Law and Policy, out of 180 countries India ranked 177. Many environmental activist hope that the formation of this NGT would surely benefit the country and would help in the development of the country.
REFERENCES –
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