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National Green Tribunal Act, 2010: History of legislation – Preamble and Statement of Objects and Reasons of the Act – Contours of the jurisdiction of the NGT – Discussed. National Green Tribunal Act, 2010: Interpretation of – Purposive interpretation – The provision must be read with the intention to accentuate them, especially as they concern protections of rights under Art.21 and also deal with vital environmental policy and its regulatory aspects. National Green Tribunal Act, 2010: Salient features – Discussed. National Green Tribunal Act, 2010: Role of National Green Tribunal – The Schedule I of the NGT Act is concerned with implementation of few environmental related enactments such as the Water Act, the Air Act, the Environment Act, the Forest Conservation Act etc – As one looks at these enactments, an expanded role for the NGT is clearly discernible – The activities of the NGT are not only geared towards the protection of the environment but also to ensure that the developments do not cause serious and irreparable damage to the ecology and the environment – NGT is primarily concerned with protection of the environment and also preservation of the natural resources – As the specialized forum, the NGT would be expected to take preventive action, besides settling and adjudicating disputes and pass orders on all environment related questions – NGT is not just an adjudicatory body but has to perform wider functions in the nature of prevention, remedy and amelioration. National Green Tribunal Act, 2010: Power of National Green Tribunal – In case of environmental events causing damage – The NGT is empowered to carry out restitutive exercise for compensating persons adversely affected by environmental events – The larger discourse which informs such functions is related to distributive and corrective justice – Even in the absence of harm inflicted by human agency, in a situation of a natural calamity, the NGT will be required to devise a plan for alleviating damage – An inquisitorial function is also available for the NGT, within and without adversarial significance – Many of these functions do not require an active “dispute”, but the formulation of decisions. National Green Tribunal: Suo motu power, exercise of – The specialized tribunal’s exercise of suo motu powers is somewhat distinct from those exercised by the constitutional Courts – The Supreme Court and High Courts can foray into any issues under their constitutional mandate but the NGT cannot naturally travel beyond its environmental domain in reference to the scheduled enactments – However, as long as the sphere of action is not breached, the NGT’s powers must be understood to be of the widest amplitude. National Green Tribunal: Uniqueness of NGT vis-a-vis other Tribunals – The statutory Tribunals are categorized to fall under four subheads; Administrative Tribunals under Art.323A; Tribunals under Art.323B; Specialized sector Tribunals and most prominently; Tribunals to safeguard rights under Art.21 – The duties of NGT brings it within the ambit of the fourth category, creating a compelling proposition for wielding much broader powers as delineated by the statute. National Green Tribunal: Sui Generis role of NGT – NGT is a specialised forum – The NGT is a Tribunal with sui generis characteristic, with the special and all-encompassing jurisdiction to protect the environment – Besides its adjudicatory role as an appellate authority, it is also conferred with the responsibility to discharge role of supervisory body and to decide substantial questions relating to the environment – The necessity of having a specialized body, with the expertise to handle multi-dimensional environmental issues allows for an all-encompassing framework for environmental justice – The technical expertise that may be required to address evolving environmental concerns would definitely require a flexible institutional mechanism for its effective exercise. National Green Tribunal: An Authority to take suo motu cognizance of matter – NGT is not required to be triggered into action by an aggrieved or interested party alone – The exercise of power by the NGT is not circumscribed by receipt of application – When substantial questions relating to the environment arise and the issue is civil in nature and those relate to the enactments in Schedule I of the Act, the NGT even in the absence of an application, can self-ignite action either towards amelioration or towards prevention of harm. Environmental law: Precautionary Principle – Application of – Held: The principle must apply in the widest amplitude to ensure that it is not only resorted to for adjudicatory purposes but also for other ‘decisions’ or ‘orders’ to governmental authorities or polluters, when they fail to “to anticipate, prevent and attack the causes of environmental degradation – Two aspects must therefore be emphasized i.e. that the NGT is itself required to carry out preventive and protective measures, as well as hold governmental and private authorities accountable for failing to uphold environmental interests – Thus, a narrow interpretation for NGT’s powers should be eschewed to adopt one which allows for full flow of the forum’s power within the environmental domain – Doctrines/Principles. Environmental law: Environmental justice and equity – When substantive justice is elusive for a large segment, disengaging with substantive rights at the very altar, for a perceived procedural lacuna, would surely bring in a process, which furthers inequality, both economic and social – An “equal footing” conception may not, therefore, be feasible to adequately address the asymmetrical relationship between the polluters and those affected by their actions – Instead, a recognition of the historical experience of marginalized classes of persons while accessing and effectively using the legal system, will allow for necessary appreciation of social realities and balancing the arm of justice. |
