Parliament adopted the National Green Tribunal(NGT) Bill, 2009 envisages the setting up of a national tribunal. A judicial body which replaces the existing National Environment Appellate Authority and has wider jurisdiction than the NEAA.
Why National Green Tribunal(NGT)?
- It is to exclusively deal with environment laws to provide citizens a right to grievance redressal in the environment field.
- It would deal with all environment laws on air and water pollution, the Environment Protection Act, the Forest Conservation Act and the Biodiversity Act.
- It will hear initial complaints as well as appeals from decisions of authorities under various environment laws.
With this effort India would join Australia and New Zealand, which have such specialized environment tribunals.
Functioning of NGT
The Tribunal would have 4 circuit Benches. The Tribunal shall consist of both judicial and expert members. Judicial members must have been judges of the Supreme Court or High Courts. Expert members have to possess technical qualifications and expertise, and also practical experience. The Tribunal members would be chosen by a committee.
The Tribunal shall hear only 'substantial question relating to environment'. Substantial questions are those which,
(a) affect the community at large, and not just individuals or groups of Individuals, or
(b) cause significant damage to the environment and property, or
(c) cause harm to public health which is broadly measurable.
"Persons aggrieved" who can move the courts allow for individuals to approach the given tribunal. It also outline the "foundational principles" of polluter pays principle and principle of equity that would given the tribunal. The decisions of the tribunal can be appealed against in the Supreme Court. The Act now specifies territorial jurisdiction. It balances the number of judicial and expert members, 10 each, with the authority to break a deadlock vesting the chairperson of the tribunal.
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