Jurisdiction, Powers and Functions of National Green Tribunal
National Green Tribunal (NGT) — Jurisdiction, Powers, and Functions
1. Background
Established in 2010 under the National Green Tribunal Act, 2010.
A specialized tribunal for speedy disposal of cases relating to environmental protection and conservation of forests and natural resources.
Objective: To provide effective and expeditious environmental justice.
2. Jurisdiction of NGT
Type of Jurisdiction | Description |
---|---|
Subject-Matter Jurisdiction | Handles civil cases related to: • Environmental laws such as the Environment Protection Act, 1986 • Water (Prevention and Control of Pollution) Act, 1974 • Air (Prevention and Control of Pollution) Act, 1981 • Forest Conservation Act, 1980 • Wild Life Protection Act, 1972 • The Public Liability Insurance Act, 1991 and others. |
Territorial Jurisdiction | Covers whole of India except the state of Jammu & Kashmir (which has its own tribunal). |
Pecuniary Jurisdiction | No specific pecuniary limit; NGT can entertain any application/appeal related to environmental laws. |
3. Powers of the NGT
Civil Court Powers: NGT has the powers of a civil court under the Code of Civil Procedure, 1908.
Summoning and enforcing attendance of witnesses.
Requiring the discovery and production of documents.
Receiving evidence on affidavit.
Issuing commissions for examination of witnesses.
Enforcement of its orders.
Environmental Powers:
Pass orders for environmental restoration and compensation.
Issue directions for pollution control and environmental protection.
Can impose penalties and fines.
Appeal and Review:
Can entertain appeals against environmental clearances granted by authorities.
Power to review its own orders.
4. Functions of the NGT
Adjudication of Environmental Disputes:
Resolve disputes related to environmental laws, forest conservation, and wildlife protection.
Grant Relief and Compensation:
Provide relief to victims of pollution and environmental damage.
Award compensation for damages to persons and property.
Prevent Environmental Damage:
Issue injunctions, directions to prevent or control pollution.
Ensure Implementation of Environmental Laws:
Monitor compliance and enforce laws through suo motu actions or complaints.
Promote Sustainable Development:
Balance developmental activities with environmental protection.
5. Key Features
Feature | Description |
---|---|
Composition | Expert judicial and technical members (at least one judicial member and one expert member) |
Speedy Disposal | Mandated to dispose of applications within 6 months |
Alternative to Courts | Avoids burden on regular courts in environmental matters |
Binding Decisions | Orders are binding and have the force of a civil court decree |
6. Limitations
Cannot entertain criminal cases.
Jurisdiction limited to environmental laws listed under the Act.
Appeals against NGT decisions lie before the Supreme Court of India.
Summary Table
Aspect | Details |
---|---|
Established | 2010 under NGT Act |
Jurisdiction | Civil cases on environmental laws nationwide (except Jammu & Kashmir) |
Powers | Powers of civil court + environmental enforcement |
Functions | Adjudication, relief, compensation, prevention, enforcement |
Composition | Judicial and expert members |
Appeal | Appeals to Supreme Court |
Conclusion
The National Green Tribunal plays a crucial role in environmental governance in India by providing a specialized, expert, and speedy forum for addressing environmental disputes and ensuring enforcement of environmental laws.
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