Critically examine the role of the National Green Tribunal (NGT) in strengthening environmental governance in India. Suggest reforms to strengthen NGT.

The National Green Tribunal (NGT), established under the NGT Act, 2010, is a specialized quasi-judicial body mandated to ensure speedy and effective resolution of environmental disputes. Guided by principles of natural justice, it adjudicates cases under key environmental laws and promotes sustainable development.

Significance of NGT:

1. Swift Environmental Justice:
   1. Disposal rate 60% till 2014; 2018–2023 saw 15,132 cases filed, 16,042 disposed.
   1. Aims to resolve cases within 6 months.
2. Strengthening Enforcement:
   1. Closure of 248 illegal mines in Western Ghats (2018) under Forest (Conservation) Act.
   1. Suspension of 6400-crore hydro project (Save Mon Region case, 2013) due to faulty clearances.
3. Polluter Pays Principle:
4. Imposes fines and penalties on violators.
   1. For example, in Alaknanda Hydro Power Co. case (2014) – NGT ordered ₹9.26 crore compensation to flood victims.
5. Wildlife & Habitat Protection:
   1. Directed Karnataka Govt. to relocate a highway away from a critical wildlife corridor (2019).
6. Public Participation:
   1. Public hearings for major projects, e.g., Arunachal hydro project (2020), enhancing transparency.

Challenges Facing NGT:

1. Limited Jurisdiction:
   1. Excludes Wildlife Protection Act, 1972 and Forest Rights Act, 2006, despite their environmental relevance.
   1. Limits ability to deal with holistic forest and biodiversity disputes.
2. Severe Staffing Shortages:
   1. As of Sept 2024, only 6 judicial members vs required 20; expert members also understrength.
   1. Zonal benches in Pune, Bhopal, Kolkata, Chennai often non-functional.
3. High Pendency of Cases:
   1. As NCRB 2022, 88,400 environmental cases pending trial nationwide.
   1. Delays in hearings, especially for urgent pollution control matters.
4. Weak Enforcement Mechanism:
   1. Compliance poor in landmark cases (e.g., Ganga & Delhi air pollution).
   1. NGT lacks independent enforcement wing; depends on executive agencies.
5. Financial & Infrastructure Constraints:
   1. Inadequate budget impacts bench functioning, case digitization, and field inspections.
6. Quality of Expertise:
   1. Over-representation from forest & administrative services; lack of specialists in ecology, climate science, toxicology.
7. Appeals & Dilution of Orders:
   1. Frequent appeals to Supreme Court delay final enforcement; penalties often reduced.

Way Forward:

1. Expand Jurisdiction:
   1. Include Wildlife Protection Act and Forest Rights Act for comprehensive coverage.
   1. Integrate emerging areas: climate change litigation and marine pollution.
2. Strengthen Capacity:
   1. Fill all sanctioned judicial/expert posts.
   1. Increase regional benches and mobile/circuit courts for remote areas.
3. Independent Enforcement Mechanism:
   1. Create an NGT Enforcement Cell with powers to monitor and ensure compliance with orders.
4. Adequate Funding & Infrastructure:
   1. Dedicated budget line in Union Environment Ministry and upgrade e-filing, virtual hearings, and GIS-based tracking.
5. Expert Diversity & Training:
   1. Induct scientists, marine biologists, public health experts.
   1. Continuous training in new environmental challenges.
6. Public Engagement & Community Monitoring:
   1. Citizen science initiatives to track pollution; strengthen role of local bodies in compliance monitoring.
7. Data-Driven Decision Making:
   1. Use GIS mapping, remote sensing, and real-time air/water quality data in judgments.
8. International Best Practices:
   1. Learn from New Zealand’s Environment Court & Australia’s Land and Environment Court for precedent-based climate and habitat rulings.

Conclusion:

The NGT has emerged as a cornerstone of environmental jurisprudence in India, balancing economic growth with ecological protection. Strengthening it will ensure it remains central to India’s pursuit of SDGs 13, 14, 15, and 16 and fulfills Article 48A of the Constitution.

‘+1’ Value Addition:

• Art. 21: Right to a healthy environment as part of Right to Life (SC in MC Mehta v. Union of India).
• Polluter Pays Principle: Compensation for environmental damage (Alaknanda Hydro case, 2014).
• Precautionary Principle: Proactive prevention before harm occurs (Save Mon Region case, 2013).
• Cases disposed (July 2018–July 2023): 16,042.
• Environmental cases pending trial (NCRB 2022): 88,400.
• Current Judicial Members: 6 vs required 20.

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