Improving National Green Tribunal’s Role and Efficiency
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Source: The post Improving National Green Tribunal’s Role and Efficiency has been created, based on the article “Re-imagine the National Green Tribunal for superior outcomes” published in “Live mint” on 21st January 2025

UPSC Syllabus Topic: GS Paper2- Statutory, regulatory and various quasi-judicial bodies.

Context: The article discusses the National Green Tribunal’s role, achievements, and challenges. It highlights issues of jurisdiction, suo motu powers, and controversies over decisions. It emphasizes the need for clearer guidelines to balance environmental protection with sustainable development.

For detailed information on National Green Tribunal (NGT) read this article here

What is the National Green Tribunal (NGT)?

  1. Establishment: The National Green Tribunal (NGT) was set up following several writs filed by advocate M.C. Mehta, which led to significant Supreme Court decisions and the establishment of a specialized green bench. This advocacy culminated in the NGT Act of 2010.
  2. Jurisdiction: The NGT is a quasi-judicial body with exclusive jurisdiction over all civil environmental cases, established to provide focused attention and expertise on environmental issues.
  3. Procedural Autonomy: Unlike traditional courts, the NGT is not bound by the Code of Civil Procedure, 1908. It is authorized to develop its own rules of procedure based on principles of natural justice.
  4. Powers: While the NGT can craft its own procedural rules, the NGT Act does not grant it explicit suo motu powers to initiate cases independently.

What are the challenges faced by the NGT?

  1. Jurisdiction Limits: The Supreme Court overturned the NGT’s decision to reopen the Sterlite Copper plant, stating the NGT lacked jurisdiction over state government actions.
  2. Allegations of Overreach: The NGT was criticized for exceeding its statutory mandate in cases like the stalling of Shimla’s development plan and penalizing Grasim Industries Ltd, decisions which were later reversed.
  3. Policy Challenges: The NGT’s directive requiring central approval for real estate projects challenges state authority and complicates the federal structure, impacting land use decision-making at the state level.

What reforms are needed for the NGT?

  1. Define Jurisdiction Clearly: The NGT needs explicit clarification on its powers to prevent jurisdictional conflicts.
  2. Legislate Suo Motu Powers: Establish clear legislative backing for suo motu actions to ensure they are used responsibly and focus on societal benefits, as recommended by the Supreme Court in the Municipal Corporation of Bombay vs Ankita Sinha case.
  3. Transparent Procedures: Establish clear criteria for actions, focusing on societal benefits.
  4. Foster Collaborative Governance: Strengthen the cooperative relationship between the NGT, state, and central governments to balance environmental protection with developmental needs, ensuring sustainable progress.

Conclusion

The NGT has been a pioneer in addressing environmental issues but must refine its processes. By balancing environmental protection with sustainable development, it can strengthen public trust and deliver effective justice.

Question for practice:

Examine the challenges faced by the National Green Tribunal (NGT) in exercising its jurisdiction and the reforms needed to enhance its effectiveness.


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