Examine the role of the National Green Tribunal (NGT) in strengthening India’s environmental governance framework. To what extent has it succeeded in fulfilling its statutory mandate of ensuring effective and expeditious environmental justice? (15M, 250 Words)

The National Green Tribunal (NGT), established under the National Green Tribunal Act, 2010, represents India’s institutional response to the growing complexity of environmental disputes. It operationalises constitutional mandates under Article 21 (Right to Life) and Article 48A (Protection of Environment) by providing a specialised and time-bound mechanism for environmental justice.

Role of NGT in strengthening environmental governance

1.    Institutionalising environmental adjudication:

1. The NGT provides a dedicated forum for environmental disputes under seven key environmental laws, including the Environment Protection Act, 1986 and Air & Water Acts.
2. For example, by 2014, NGT achieved a disposal rate of nearly 60%, significantly faster than regular courts.

2.   Strengthening environmental accountability:

1. The NGT has operationalised core environmental principles such as polluter pays principle, precautionary principle and sustainable development
2. For example, in the Art of Living Case (2016), it ordered ₹5 crore fine for damage to Yamuna floodplains.

3.   Protection of ecologically sensitive areas:

1. The Tribunal has taken proactive steps in biodiversity and ecological conservation.
2. For example, in Save Mon Federation Case (2013), it suspended hydro project in Arunachal Pradesh to protect the Black-Necked Crane.

4.   Urban environmental governance:

1. The NGT has significantly intervened in pollution control and urban ecological crises.
2. For example, ban on open burning of waste (2012) and directions for sewage treatment plants in Ganga Pollution Case (2017).

5.   Access to environmental justice:

1. Setting up of regional benches (New Delhi, Bhopal, Pune, Kolkata, Chennai) and circuit benches improve accessibility.
2. Suo motu powers of NGT allow proactive environmental intervention, reducing the burden on High Courts and Supreme Court.

However, there are significant limitations

1.    Jurisdictional Constraints: NGT cannot hear cases under Wildlife Protection Act, 1972 and Forest Rights Act, 2006. This creates fragmentation in environmental adjudication.

2.   Capacity constraints: As of September 2024, only 6 judicial members against sanctioned strength of 20. Limited benches further delay case disposal. For e.g., over 88,400 environmental cases pending in courts.

3.   Enforcement challenges: Orders depend on state agencies for implementation while weak monitoring of compliance reduces impact.

4.   Infrastructure Constraints: Inadequate funding affects expert recruitment and digitalisation making six-month disposal target often difficult to achieve.

Way Forward

1.    Expand jurisdiction: Bring Wildlife Protection Act and Forest Rights Act within NGT’s ambit to create integrated environmental adjudication.

2.   Capacity building:

1. Ensure full sanctioned strength of judicial and expert members.
2. Establish additional regional benches in high-litigation states.

3.   Strengthen enforcement mechanism

1. Create a National Environmental Compliance Monitoring Authority linked to NGT orders.
2. Mandate periodic compliance reporting by state governments.

4.   Environmental Compensation Framework: Develop a scientific formula for calculating environmental damages using GIS and environmental valuation techniques.

Conclusion:

The NGT has significantly advanced India’s environmental governance framework. It needs to further evolve from an activist tribunal into a fully empowered environmental guardian.

+1 Value Addition

• Rat-hole Mining Ban (2014): NGT banned rat-hole coal mining in Meghalaya citing environmental damage and worker deaths.
• Alaknanda Hydro Case (2014): Directed compensation in Uttarakhand floods and reinforced corporate environmental liability.
• Open Waste Burning Ban (2012): Prohibited burning of waste nationwide, strengthening solid waste management enforcement.
• Ganga Pollution Orders (2017): Directed installation of STPs and regulation of industrial discharge under river rejuvenation efforts.

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