Authored By – Shrinkhla Singh, VIT School of Law, Chennai

ABSTRACT

This article discusses the vital role of the National Green Tribunal (NGT) in promoting environmental justice and sustainable development in India. Established under the NGT Act of 2010, the tribunal provides an expeditious resolution to environmental disputes with legal and technical inputs. The tribunal operates based on principles of sustainable development, the polluter-pays principle, and the precautionary approach to combat ecological issues.

The paper explores landmark judgments such as the Art of Living Foundation case and the Srinagar Bandh Aapda Sangharsh Samiti case, demonstrating the NGT’s impact on environmental governance and corporate accountability. It also examines the tribunal’s role in encouraging public participation, ensuring access to justice, and addressing climate change litigation.

While acknowledging the achievements of the NGT, this article also highlights its weaknesses, including jurisdictional constraints, challenges in implementing decisions, and criticisms of judicial overreach. Recommendations for strengthening the NGT include expanding its jurisdiction, increasing resources, and enhancing inter-institutional coordination.

KEYWORDS – NGT, Polluter-Pays Principle, Rio Declaration, Precautionary Principle, Environmental Governance, Natural Justice Standards, Judicial Members, Urban Sustainability, Climate Change Litigation, Judicial Overreach, Green Energy Transition, Ecological Preservation.

INTRODUCTION

The National Green Tribunal (NGT) has played a significant role in shaping environmental governance in India. Established in 2010 under the National Green Tribunal Act, the NGT was created as a specialized judicial body to address environmental disputes efficiently. The need for such an institution arose because traditional courts were often slow in resolving environmental cases, leading to prolonged environmental degradation.

The NGT follows principles of natural justice and applies international environmental doctrines, including the precautionary principle and the polluter-pays principle. It is empowered to adjudicate cases related to environmental protection under Schedule I of the NGT Act, ensuring the enforcement of environmental rights under Article 21 of the Indian Constitution.

This research examines the NGT’s contributions to environmental justice, its landmark decisions, operational methods, and its influence on sustainable development. It also discusses the tribunal’s limitations, including resource constraints and jurisdictional conflicts, while suggesting ways to improve its effectiveness. The findings underscore the importance of maintaining the NGT’s independence to achieve long-term environmental sustainability in India.

The National Green Tribunal performs various functions in environmental governance, necessitating a structured analysis of its contributions, challenges, and areas for improvement. 

Meaning, Definition, and Explanation

The National Green Tribunal was established in 2010 as a specialized judicial body dedicated to environmental matters. The tribunal ensures the swift and effective resolution of environmental disputes, safeguarding natural resources from degradation. It serves as a forum where individuals and communities can seek justice for environmental harm.

The NGT’s decision-making process is guided by principles of natural justice, allowing for a flexible and expedited dispute resolution mechanism. It enforces environmental accountability by compelling polluters to bear the cost of restoration and imposing penalties for environmental violations. The tribunal’s role extends beyond litigation to influencing environmental governance by integrating sustainability into its rulings. Its nationwide jurisdiction, with multiple regional benches, makes it a key institution in India’s environmental legal framework.

Historical Background of Environmental Justice in India

The concept of environmental justice in India has evolved significantly over time. Initially, environmental concerns were addressed through Public Interest Litigations (PILs), where courts, including the High Courts and the Supreme Court, intervened in environmental matters. Activists and environmental groups used PILs to hold corporations and government entities accountable for environmental damage.

Landmark cases such as M.C. Mehta v. Union of India played a crucial role in shaping India’s environmental jurisprudence. The Supreme Court, through such cases, introduced the polluter-pays principle and mandated stricter pollution control measures.

The 1992 Rio Declaration highlighted the global necessity of fair environmental policies, prompting nations to establish specialized institutions for environmental dispute resolution. India responded by enacting the National Green Tribunal Act in 2010, aligning domestic environmental governance with international legal standards. The NGT’s establishment marked a significant step toward enforcing environmental laws and achieving sustainable development goals.

Composition and Structure of NGT

Given its specialized role, the NGT is composed of legal and scientific experts. The tribunal is led by a Chairperson, typically a retired Supreme Court or High Court Chief Justice, and includes judicial and expert members. These experts usually possess qualifications in environmental science, engineering, or forestry, ensuring that environmental disputes are examined from both legal and technical perspectives.

The NGT operates through five regional benches located in Delhi, Bhopal, Pune, Kolkata, and Chennai, making access to environmental justice more convenient for citizens across India. Each bench consists of judicial members and at least one expert member to provide a multidisciplinary approach to adjudication.

Unlike conventional courts, the NGT is not bound by the Indian Evidence Act, allowing it to expedite environmental litigation through flexible procedures based on natural justice principles. The specialized composition and decentralized structure of the NGT contribute to its efficiency in handling diverse environmental challenges.

Jurisdiction and Powers of the NGT

The NGT has jurisdiction over all civil cases related to environmental laws specified in Schedule I of the NGT Act, 2010. Its authority covers key environmental legislation, including:

• The Water (Prevention and Control of Pollution) Act, 1974
• The Air (Prevention and Control of Pollution) Act, 1981
• The Environment (Protection) Act, 1986

By centralizing environmental litigation under a specialized tribunal, the NGT helps reduce the backlog of environmental cases in conventional courts.

The tribunal has the power to issue directives for environmental protection, award compensation for environmental damage, and enforce penalties against violators. It can also monitor compliance with its orders to ensure effective implementation. The Supreme Court is the only appellate authority for NGT decisions, reinforcing the tribunal’s status as the apex environmental adjudicating body in India.

Through its jurisdiction and enforcement powers, the NGT plays a crucial role in expediting environmental litigation and strengthening India’s environmental governance framework.

Principles Governing the NGT

The functioning of the NGT is guided by well-established environmental principles that shape its judicial approach:

• Precautionary Principle: The tribunal mandates proactive measures to prevent environmental harm, even in cases where scientific certainty is lacking. By adopting this approach, the NGT ensures that potential risks are mitigated before they escalate into environmental crises.

• Polluter-Pays Principle: This principle holds polluters financially accountable for the damage they cause to the environment. The NGT enforces this rule by directing violators to compensate for environmental restoration efforts, thus serving as a deterrent against environmental violations.

• Sustainable Development: The NGT strives to balance economic growth with environmental preservation. Its judgments reflect the need to integrate sustainability into developmental policies, ensuring that progress does not come at the cost of ecological degradation.

By adhering to these principles, the NGT ensures that its decisions promote environmental conservation while accommodating the country’s developmental needs.

Types of Tribunals in India

Special judicial bodies, known as tribunals, function to resolve specific disputes efficiently and effectively. India has various tribunals handling different legal and administrative matters. This section provides an overview of different tribunal types in India and compares their features with the National Green Tribunal (NGT).

Administrative Tribunals

• Central Administrative Tribunal (CAT): Handles service-related disputes of Central Government employees.
• State Administrative Tribunals (SAT): Functions similarly to CAT but operates at the state level.

Taxation and Financial Tribunals

• Income Tax Appellate Tribunal (ITAT): Resolves disputes related to income tax.
• Customs, Excise, and Service Tax Appellate Tribunal (CESTAT): Addresses grievances regarding customs and excise tax laws.
• Securities Appellate Tribunal (SAT): Deals with appeals against decisions made by the Securities and Exchange Board of India (SEBI).

Specialised Tribunals

• National Green Tribunal (NGT): Focuses on environmental protection and conservation.
• Competition Appellate Tribunal (COMPAT): Handles appeals related to competition law matters.
• Telecom Disputes Settlement and Appellate Tribunal (TDSAT): Manages disputes within the telecommunications industry.

Military Tribunals

• Armed Forces Tribunal (AFT): Deals with legal disputes concerning military personnel.

Other Tribunals

• Debt Recovery Tribunal: Assists financial institutions in recovering debts.
• Railway Claims Tribunal: Resolves disputes arising from railway accidents.

Comparison Between NGT and Other Tribunals

Aspect	NGT	Other Tribunals
Primary Function	Environmental protection and conservation.	Varies by tribunal, including taxation, administration, etc.
Jurisdiction	Exclusive jurisdiction over environmental matters.	Defined by respective acts for each tribunal.
Composition	Comprises judicial and expert members.	Typically consists of judicial members; some include expert members.
Procedural Formalities	Less formal than traditional courts; does not strictly follow the Civil Procedure Code.	Generally follows more formal procedures.
Appeal Process	Appeals lie with the Supreme Court.	Appeals may lie with High Courts or other designated bodies.
Speed of Resolution	Aims for expedited case resolution.	Varies; some tribunals resolve cases quickly, while others experience delays.

Legal Provisions

In India, the National Green Tribunal operates under legal frameworks that enable the swift resolution of environmental disputes. The NGT has jurisdiction over cases arising under the following environmental laws:

• The Water (Prevention and Control of Pollution) Act, 1974
• The Water (Prevention and Control of Pollution) Act, 1977
• The Forest (Conservation) Act, 1980
• The Air (Prevention and Control of Pollution) Act, 1981
• The Environmental (Protection) Act, 1986
• The Public Liability Insurance Act, 1991
• The Biological Diversity Act, 2002

However, the NGT does not have jurisdiction over matters related to:

• The Wildlife (Protection) Act, 1972
• The Indian Forest Act, 1927

Landmark Judgments by the NGT

1. The Art of Living Foundation Case (2016)

The Art of Living Foundation faced allegations of environmental degradation for organizing the World Culture Festival on the Yamuna floodplains in 2016. The large-scale event involved land leveling, the erection of temporary structures, and vegetation clearing, which harmed the fragile ecosystem. Environmental activists approached the National Green Tribunal (NGT), which found the foundation responsible for ecological damage.

Key Takeaways:

• The NGT imposed an environmental compensation of ₹5 crore on the foundation.
• It directed the restoration of the floodplains.
• The ruling highlighted the importance of environmental accountability in large public events.

2. Ms. Betty C. Alvares vs. The State of Goa & Ors.

This case involved illegal constructions within Goa’s Coastal Regulation Zone. The petitioner, a foreign national, raised concerns about environmental violations. The maintainability of the case was challenged on the ground that the petitioner was not an Indian citizen.

Key Takeaways:

• The NGT upheld the right of non-citizens to file environmental cases.
• It interpreted the term “person” under the NGT Act, 2010, to include foreign nationals.
• This judgment reinforced the global nature of environmental justice.

3. Srinagar Bandh Aapda Sangharsh Samiti & Anr. v. Alaknanda Hydro Power Co. Ltd. & Ors.

This case arose from the 2013 Uttarakhand floods. The petitioners contended that Alaknanda Hydro Power Co. had aggravated flood damage by recklessly dumping construction debris into the river.

Key Takeaways:

• The NGT held the company liable for environmental negligence.
• It rejected the “Act of God” defense, citing avoidable human errors.
• No-fault liability was established under Section 17(3) of the NGT Act, 2010.
• The case set a precedent for corporate accountability in environmental disasters.

Role in Promoting Sustainable Development

The National Green Tribunal (NGT) plays a critical role in balancing economic development and environmental protection. The tribunal’s actions reinforce sustainable development principles while ensuring corporate accountability.

1. Enforcing the Polluter Pays Principle

Industries and businesses responsible for pollution are held accountable under the “polluter pays” principle. The NGT mandates industries to adopt eco-friendly technologies and pay for environmental damages.

2. Reviewing Development Projects

The NGT scrutinizes project proposals and policies to ensure they comply with environmental laws before granting approvals. This prevents ecological damage in sensitive areas.

3. Empowering Citizens and NGOs

Through its platform, the NGT allows citizens and Non-Governmental Organizations (NGOs) to raise environmental concerns. This fosters public participation in environmental governance.

4. Penalizing Environmental Violations

The NGT takes legal action against companies violating environmental norms. It orders polluters to restore the environment and imposes strict penalties.

5. Promoting Eco-Friendly Development

The tribunal ensures that infrastructure projects adopt sustainable methods and materials. It recommends modifications in construction practices to reduce environmental harm.

Through its comprehensive approach, the NGT is driving India toward sustainable development by combining law enforcement with public participation and advocating for eco-friendly policies.

Challenges and Limitations of the NGT

The National Green Tribunal (NGT) faces several challenges and limitations that hinder its effectiveness in promoting environmental justice in India:

Limited Jurisdiction

The NGT cannot handle essential environmental cases, such as those concerning wildlife protection and forest rights. This restriction prevents the tribunal from addressing key environmental concerns related to plant and animal life and forest user rights.

Judicial Challenges

The NGT’s final actions frequently end up in High Court appeals under Article 226 due to ongoing disputes over its authority. This creates uncertainty about which institution holds the ultimate power over environmental matters, as High Courts assert authority over the Tribunal rather than allowing it to focus on its specialized work.

Implementation Issues

Stakeholders and government offices often fail to comply with NGT orders. Many decisions prove too difficult to implement within the expected timeframe, weakening the Tribunal’s authority.

Resource Constraints

Insufficient resources prevent the NGT from handling cases within its six-month mandate, despite being tasked with this responsibility. The Tribunal struggles with a backlog of unresolved cases, affecting its efficiency.

Bias Perception

The NGT faces backlash from some industries that perceive it as obstructing business development. Companies fear legal consequences that may hinder their approach to sustainable business practices.

Credibility Concerns

Public confidence in the Tribunal’s operations is weakened by doubts about the reliability and impartiality of its self-assessment reports.

Limited Regional Presence

With only a few regional benches, the Tribunal’s accessibility for local litigants is restricted, making it difficult to effectively handle environmental matters at the regional level.

To effectively safeguard the environment and promote sustainable growth, it is crucial to enhance the National Green Tribunal’s performance and operational capabilities.

Impact of NGT Judgments on Environmental Policies

The NGT has played a significant role in shaping environmental policies and governance in India through its judgments. By ensuring strict accountability, the Tribunal enforces environmental regulations and promotes sustainable development.

For instance, in the Art of Living Foundation case, the NGT emphasized the need for large public events to align with ecological preservation. This judgment led policymakers to reassess event permissions and enhance oversight to prevent environmental degradation.

Similarly, in Ms. Betty C. Alvares vs. The State of Goa and Ors., the NGT reinforced the principle that environmental justice transcends citizenship. By broadening the definition of “person” under the NGT Act, the Tribunal expanded access to justice for individuals advocating for ecological interests, fostering inclusivity in environmental litigation.

The Srinagar Bandh Aapda Sangharsh Samiti case highlighted the NGT’s role in holding corporations accountable for environmental negligence. By rejecting the “act of God” defense, the Tribunal introduced stringent liability norms under Section 17(3) of the NGT Act, compelling industries to adopt environmentally responsible practices.

These judgments influence policy changes by promoting stricter environmental clearances, enhancing restoration efforts, and increasing public and corporate accountability. Collectively, they demonstrate the NGT’s pivotal role in shaping India’s environmental governance.

Public Participation and Access to Justice

Public involvement in environmental justice is strengthened through the NGT, which provides a specialized forum for dispute resolution while simplifying legal procedures. This ensures accessibility for communities, organizations, and individuals concerned with ecological issues.

A key aspect of the NGT’s approach is its recognition of the right of every individual—citizen or non-citizen—to protect the environment. Public participation is further encouraged by the Tribunal’s reliance on scientific expertise and its proactive stance on environmental issues. The NGT facilitates public interest litigations (PILs) and conducts hearings without imposing exorbitant legal fees, ensuring that marginalized communities can effectively voice their concerns.

By emphasizing accessibility, accountability, and inclusivity, the NGT fosters public engagement, enhances governance, and integrates environmental conservation with public interest.

NGT and Climate Change Litigation

The NGT plays a crucial role in climate change litigation by enforcing environmental laws that indirectly mitigate climate change impacts. The Tribunal helps reduce greenhouse gas emissions by adjudicating cases related to pollution control, deforestation, and industrial emissions, thereby promoting sustainable development practices.

By enforcing the “polluter pays” principle, the NGT ensures that industries are held accountable for environmental damages, discouraging activities that contribute to climate change. The Tribunal’s composition, which includes both judicial and expert members, enables it to make informed decisions that balance environmental conservation with economic growth.

Given the rapidly evolving context of environmental degradation and climate change, the NGT’s mandate to resolve cases within six months ensures timely interventions, reinforcing its role in climate governance.

Future of NGT in Environmental Governance

The National Green Tribunal (NGT) is becoming a key player in India’s environmental governance, particularly in addressing pollution, climate change, and biodiversity loss. With its focus on expediting environmental dispute resolution and relying on expert opinions, the Tribunal is well-equipped to tackle modern ecological crises.

Looking ahead, the NGT is expected to enhance the enforcement of sustainable development by promoting renewable energy programs and ensuring strict adherence to the “polluter pays” principle, thereby increasing corporate accountability. The Tribunal can also address emerging concerns such as climate adaptation, green energy transitions, and urban sustainability through scientific expertise and legal mechanisms.

Additionally, by fostering public participation and inclusivity, the NGT can further democratize environmental governance. However, its potential as a guardian of India’s ecological future can only be fully realized if it overcomes operational challenges such as limited jurisdiction and implementation bottlenecks.

Criticism and Judicial Overreach

While the NGT has significantly advanced environmental governance in India, it has also faced criticism, particularly regarding judicial overreach. Critics argue that the Tribunal has, at times, exceeded its jurisdiction, encroaching upon functions traditionally reserved for other governmental bodies.

For example, the NGT’s rulings on mega-infrastructure projects have been perceived as prioritizing environmental concerns over development needs. Additionally, its intervention in policy matters—which are typically within the executive domain—has raised concerns about institutional overreach.

Despite these criticisms, the Tribunal’s proactive approach has been crucial in enforcing environmental regulations and holding violators accountable. To maintain its effectiveness while respecting institutional boundaries, the NGT must exercise judicial restraint, ensuring that its interventions remain within its statutory mandate. This balance is essential for promoting sustainable progress in India.

Recommendations for Strengthening the NGT

To enhance its effectiveness, the NGT must address its key challenges and adopt necessary reforms.

Expansion of Jurisdiction

The NGT’s jurisdiction should be broadened to cover a wider range of environmental issues, including climate-specific policies and emerging ecological threats.

Increased Resources

Allocating more financial and human resources will enable the NGT to manage its caseload efficiently. Expanding the number of regional benches will enhance accessibility and reduce delays.

Stricter Implementation Mechanisms

• Strengthening coordination with local authorities to ensure compliance.
• Imposing stricter penalties for non-compliance.

Capacity Building

• Conducting periodic training for judicial and technical members to enhance expertise in climate change litigation and emerging environmental technologies.

Public Awareness

• Raising awareness about the NGT’s functions and streamlining procedures to increase public engagement in environmental justice.

Inter-Institutional Coordination

• Establishing clear coordination mechanisms with government agencies and policymakers to minimize conflicts and enhance decision-making in environmental governance.

Implementing these recommendations will empower the NGT to harmonize environmental conservation with developmental needs.

Conclusion

The National Green Tribunal (NGT) serves as the backbone of environmental governance in India, enforcing principles of sustainable development and environmental justice. It has played a proactive role in safeguarding ecological integrity, combating climate change, and penalizing violators under the “polluter pays” and “precautionary” principles. Moreover, it has democratized environmental justice by fostering public participation and inclusivity.

However, challenges such as judicial overreach, implementation bottlenecks, and limited jurisdiction hinder its effectiveness. Addressing these issues through reforms—such as increasing resources, expanding jurisdiction, and improving enforcement mechanisms—can enhance the Tribunal’s role in balancing ecological preservation and economic development.

With strategic reforms, the NGT can continue to play a transformative role in addressing India’s evolving environmental challenges while maintaining a balance between judicial activism and restraint.

REFERENCES

Statutes

• Constitution of India.
• National Green Tribunal Act, 2010.
• Water Act 1974.
• Air Act 1981.
• Environment Protection Act 1986.

Article and blogs

• https://www.drishtiias.com/important-institutions/drishti-specials-important-institutions-national-institutions/national-green-tribunal-ngt
• https://www.whiteblacklegal.co.in/details/role-and-effectiveness-of-national-green-tribunal-ngt-in-environmental-governance-in-india-by—ritik-raushan
• https://lawbhoomi.com/role-of-national-green-tribunal-in-environment-protection-1
• https://www.researchgate.net/publication/314617655_Role_of_National_Green_Tribunal_in_Protection_Environment