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Q1. What is the mandate of the National Green Tribunal (NGT)? Discuss the structural dimensions of the organisation. (150 words, 10 Marks)
Approach:
- Introduction: Introduce NGT with the National Green Tribunal Act 2010.
- Body:
- Highlight the mandate of the National Green Tribunal.
- Discuss the structural dimensions of the organisation including its composition.
- Conclusion: Conclude suitably.
Answer:
The National Green Tribunal was established in 2010 by the National Green Tribunal Act 2010 to efficiently and effectively handle cases involving environmental protection, the preservation of forests, and other natural resources. This includes the enforcement of any environmental legal rights and the provision of relief and compensation for environmental damages to people and property, as well as matters that are related to or incidental to these cases.
- In October 2010, the National Green Tribunal (NGT), a quasi-judicial authority, was founded.
- After Australia and New Zealand, India is the third nation with such a system.
Mandate of the National Green Tribunal (NGT):
- To resolve issues involving any breach of environmental laws, the preservation of forests, and the use of natural resources.
- Example: All civil environmental cases brought under the Water (Prevention and Control of Pollution) Act of 1974, the Forest (Conservation) Act, the Air (Prevention and Control of Pollution) Act, the Environment (Protection) Act of 1986, the Public Liability Insurance Act of 1991, and the Biological Diversity Act of 2002 may be heard by the NGT.
- Suggesting fines and penalties for various violations.
- Suggesting environmental protection measures.
- Final resolution of applications or appeals within six months after application filing.
- Enforcement of any environmental legal rights.
- Providing assistance and damage reimbursement.
- Possesses Civil Court authority. The principles of natural justice serve as the Tribunal’s direction, and it is not required to follow the method outlined in the Code of Civil Procedure, 1908.
Composition of National Green Tribunal (NGT):
- The Chairperson, Judicial Members, and Expert Members make up the Tribunal. Each of them is appointed for a five-year term and is not eligible for reappointment.
- In conjunction with the Chief Justice of India, the Central Government appoints the Chairperson.
- According to the Selection Committee’s recommendations, judges and experts are selected.
Qualifications:
- Chairperson: A Supreme Court Judge or Chief Justice of the High Court.
- Judicial Member: A High Court Judge or former High Court Judge.
- Expert Member: Knowledge and practical experience in the relevant scientific and technology fields or dealing with environmental issues.
The NGT Act’s requirements need to be revised by the government to include more Judges and experts. The government must also make sure that vacant positions are filled promptly. This will guarantee that NGT is operating efficiently and without any lags.
