Re-imagine the National Green Tribunal for superior outcomes

The NGT should be legislatively re-equipped to champion environmental justice while promoting sustainable development

- Vijay L. Kelkar & Pradeep S. Mehta

In recent years, several grievances have been filed against the National Green Tribunal (NGT) in the Supreme Court, claiming that it has overstepped its jurisdiction. 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 judgments. 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. 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.