The National Green Tribunal is a quasi-judicial body established under the National Green Tribunal Act, 2010 which enables the tribunal to handle effective and expeditious disposal of the cases pertaining to environmental issues, environmental protection and conservation of forests and other natural resources.

As an adjudicatory body, the tribunal has:

• Jurisdiction over all civil cases involving substantial questions relating to the environment (including enforcement of any legal right relating to the environment)
• Appellate jurisdiction to hear appeal as a court (Tribunal) apart from original jurisdiction on filing of an application.
• Orders/decisions of NGT are executable as a decree of a civil court.
• Power to provide relief and compensation to the victims of pollution and other environmental damage, for restitution of property damaged, and for restitution of the environment for such areas or areas, as the Tribunal may think fit.
• Power to impose a penalty for non-compliance – imprisonment for a term, which may extend to three years or fine, which may extend to ten crore rupees and both fine and imprisonment.

However, the tribunal’s powers are not limited to these functions as observed by the Supreme Court in its recent judgment. Rather, the act also empowers tribunal to play vital in preventative, ameliorative, and remedial roles, which gives leeway to the tribunal to be unique in its own kind and allow it to provide immediate redressal against environmental exigencies in following way:

• The act envisaged distinct specialized role for green tribunal as its jurisdiction is very wide as it covers The Water Act 1974, The Water Cess Act, 1977, The Forest Act 1980, The Air Act 1981, The Environment Act, 1986, The Public Liability Insurance Act, 1991 and the Biological Diversity Act, 2002, thereby making it savior of environment.
• The Supreme Court in its latest judgment has declared that the NGT is vested with suo moto powers to take cognizance on the basis of letters, representation and media reports under the NGT Act, 2010, thus giving more teeth and power to the tribunals to take proactive actions to avoid adverse environmental impact and provide environmental justice to people.
  • For e.g. NGT has recently asked the CPCB and SPCBs to submit the status of State Action plans to combat air pollution in cities.
• The SC had ruled that the right to a healthy environment is part of the right to life under Article 21 of the Constitution of India and recognized that NGT is set up under the Constitutional mandate to enforce Article 21 with respect to the environment.
• Moreover, the tribunal has also embodied India’s international commitment and duties.

NGT has been instrumental in providing speedy justice in environmental matters and has employed legal and scientific methods and assessed EIA reports before deciding. With environmental impacts on climate change gaining visibility, NGT has a significant role in ensuring a balanced distribution of environmental risks as protection and application of sustainable development principles.