The National Green Tribunal: Urgent Reforms Needed

Revitalizing The National Green Tribunal: Urgent Reforms Needed To Enhance Environmental Justice

Source: The Indian Express

       Introduction:

• The National Green Tribunal (NGT) in India, established under the National Green Tribunal Act, 2010, holds a crucial position in adjudicating environmental cases and upholding principles of justice.
• However, concerns have arisen over the past five years regarding the underperformance of the NGT, necessitating immediate reform and revival.
• This article highlights the structure and powers of the NGT, outlines the concerns raised, and emphasizes the need for reforms to address these shortcomings.

Structure and Jurisdiction of the NGT:

• The NGT is comprised of a Chairperson, Judicial Members, and Expert Members, appointed by the Central Government through a Selection Committee.
• It holds jurisdiction over matters related to environmental law enforcement, conservation of natural resources, and prevention and control of environmental pollution.
• The NGT possesses both original and appellate jurisdiction, guided by the principles of natural justice and sustainable development.

Concerns Regarding the NGT:

• Several concerns have been raised regarding the NGT’s functioning. These include a lack of judicial oversight, violation of natural justice by delegating judicial work to expert committees, questionable application of the Polluter Pays principle, and perceived bias against development and industry.
• Additionally, the credibility and transparency of the NGT have been questioned, particularly in relation to a self-certification report published on its website.

The Need for Reform and Revival:

• Judicial Oversight and Natural Justice: Reforms must ensure that judicial work is not solely delegated to expert committees and that proper judicial oversight is maintained. Fair hearings that consider all parties’ arguments and evidence are crucial to uphold the principles of natural justice.
• Credibility and Transparency: The NGT’s credibility can be restored through transparent practices, unbiased decision-making, and open communication with the public and stakeholders. Self-certification reports should be replaced with objective, independent evaluations to enhance credibility.
• Collaboration and International Standing: Building collaborations with national and international organizations, research institutions, and experts will enrich the NGT’s knowledge base, promote knowledge exchange, and enhance its standing on the global environmental stage.
• Strengthening Bar-Bench Relationship: Rebuilding the relationship between lawyers and NGT members is essential for effective representation and constructive dialogue on environmental issues.
• Balance Between Sustainability and Development: The NGT must strike a balance between environmental protection and sustainable development, avoiding any perception of bias against industry and economic growth.
• Transparent and Accountable Performance Evaluation: Performance evaluations should be carried out transparently and accountably, avoiding subjective assessments and self-certifications.

The Conclusion:

• The NGT plays a crucial role in addressing environmental challenges and ensuring environmental justice in India. However, concerns regarding its underperformance highlight the urgent need for reform and revival.
• By implementing the suggested reforms, the NGT can restore credibility, transparency, and respect within the institution, while effectively addressing environmental issues and upholding principles of justice.