India should re-imagine the National Green Tribunal for better outcomes

Consequently, the apex court has instructed the NGT to review its orders. In some notable cases, the Tribunal’s decisions have been overturned. Insofar as the NGT is doing a specialized job, it cannot use powers that the legislature has not given it. 

That needs a review.

The NGT was established following a spate of writs filed by advocate M.C. Mehta in the Supreme Court which led to the establishment of a green bench in the court and few landmark judgements.

Later, the NGT Act was adopted in 2010 to establish an exclusive quasi-judicial tribunal with jurisdiction over all civil cases related to the environment. 

However, the Act does not explicitly grant the Tribunal suo motu powers (which would let cases be taken up by it on its own accord). 

It has also faced several challenges that have hindered its effective functioning, and the exercise of suo motu powers has been a source of controversy, sparking debates about judicial overreach.

The NGT’s efficiency in handling complex cases is commendable, providing much-needed relief in a country faced with rapid industrialization and ecological degradation. 

Also Read: India should rely on itself to tackle the environmental challenges it must

Unlike traditional courts, it is empowered to devise its own rules of procedure, guided by principles of natural justice, operating independently of the Code of Civil Procedure, 1908. 

The NGT has made outstanding efforts to uphold the causes for which it was established, often earning praise for its proactive stance.

A recent research study conducted by CUTS International for Niti Aayog examined the Sterlite Copper case in Thoothukudi, Tamil Nadu. It argued in favour of the NGT and lauded its order, given the territorial contours of the case.

It further highlighted the need to expand the Tribunal’s jurisdiction to include state government actions. 

This was a case where the Tamil Nadu Pollution Control Board had ordered the permanent closure of the copper plant on environmental concerns. 

This order was challenged at the Tribunal, which ruled in favour of reopening the plant, considering the fact that there was no serious case of environmental damage. 

It was clearly a botch-up by the state government that had adversely affected the livelihoods of the city’s local population.

However, the Supreme Court later set aside the NGT’s order, stating that the Tribunal lacked jurisdiction to entertain appeals against state government orders, in spite of the fact that the Tribunal is headed by a retired Supreme Court judge. 

Also Read: Supreme Court rulings on environmental damage highlight flaws in National Green Tribunal’s methods

The case underscores the balance that the NGT must maintain between its mandate and the limits imposed by its governing legislation.

It has been argued by critics that the Tribunal has, at times, overstepped its statutory mandate, venturing into legislative domains. 

Cases such as the stalling of a Shimla development plan and the penalty imposed on Grasim Industries Ltd based solely on the recommendation of expert committees vividly illustrate these challenges. 

Both the orders were simultaneously quashed and overturned. In these instances, the Tribunal was criticized for exceeding its statutory mandate and failure to uphold the principles of natural justice.

In another landmark case, Municipal Corporation of Bombay vs Ankita Sinha, the Supreme Court affirmed that the NGT can take up cases suo motu. 

Here, the assertion is that the initiation should be society-centric. The Tribunal can only take up a case on its own for two purposes: to improve conditions and to prevent harm. 

By establishing clear criteria and procedures, the NGT can ensure that suo motu actions are consistent, focused on societal benefits and aligned with its goals of preventing harm and promoting environmental well-being.

More recently, concerns have been raised about a policy change on the NGT’s part. According to it, the Centre must approve real estate projects, rather than states. 

While this shift in its directive may have been intended to address inconsistencies and inefficiencies on the part of states in their environmental clearance processes, it undermines the federal structure enshrined in the Indian Constitution. 

Land is a subject under the ‘state list’ in the Seventh Schedule and this decision diminishes state authority over land use. It also complicates real estate project approvals, adding to delays and causing economic losses.

Although central oversight of large-scale projects that may have a significant public impact is prudent, local authorities are still better equipped to appraise real estate projects, given their understanding of regional needs and ecological concerns.

The NGT has undeniably been a trailblazer in addressing India’s pressing environmental challenges, offering swift justice in an arena often overshadowed by bureaucratic delays. 

The Supreme Court’s observation in the Grasim case serves as a timely reminder that bypassing established legal norms, even for noble causes, can set a dangerous precedent. 

Such actions can erode public trust in institutions and foster perceptions of overreach.

These challenges highlight the need for an independent review of the Tribunal’s scope to refine its processes, align its actions with statutory mandates and maintain a collaborative relationship with other public authorities.

A re-imagined National Green Tribunal, bolstered by clearer legislative provisions and transparent guidelines, would be able to navigate these complexities more effectively. 

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Finding a balance between ecological preservation and legitimate development is not only necessary, but also a major responsibility of governance in a rapidly industrializing nation. 

By maintaining procedural fairness and consistently addressing grievances, the Tribunal can strengthen its role as a leading institution. This will help champion environmental justice while promoting sustainable progress.

Pragya Tiwari of CUTS International contributed to this article.

The authors are, respectively, vice president of Pune International Centre and secretary general of CUTS International.

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