National Green Tribunal- Boon or Bane???
GS paper III, Environment & Biodiversity
(Source- The Indian Express)
- Under investigative journalism, it has been analyzed that the National Green Tribunal (NGT) has dismissed the petition based on deadline related clause.
- 11 petitions have been dismissed by NGT due to a deadline-related clause even though at least five have been filled within the stimulated time period.
- NGT in Paryavaran Sanrakshan Samiti Lipa vs Union of India, 2011 case, observed that “not being pedantic” in the application of deadline rule but now it has highlighted about lethargic and carelessness attitude from the petitioner side.
- India became the third country after Australia and Newzealand set up special courts related to the protection of the environment.
- The NGT replaced the National Environmental Appellate Authority.
- The NGT was set up under the National Green Tribunal Act, 2010 for the disposal of environment-related cases.
- NGT is required to dispose case within six months of the appeal filed before the same.
- New Delhi, Bhopal, Pune, Kolkata, and Chennai are the places where NGT sits.
- New Delhi is the main place for NGT sitting.
Composition of NGT:
- NGT Act highlights that the NGT will have 10 members from the judiciary and 10 will be the experts.
- Presently it has 3 members from the judiciary and 3 members are the environmental experts.
- The Central Government in consultation with the Chief Justice of India appoints the Chairperson of NGT and other members are appointed by the selection committee created by the central government for this purpose.
- Chairperson and Members hold the office for the term of five years and are not eligible for reappointment.
- NGT functions on the principles of “Natural Justice”.
- The NGT has failed to provide the Right To A Healthy Environment which is a part of the Right to Life under Article 21 of the Indian Constitution.
- NGT lacks the expertise and because of which the Supreme Court has quashed the go-ahead order given by NGT in the Subansiri Hydropower Project in Arunachal Pradesh and questioned the expertise of NGT.
- The Supreme court in the Mopa airport case observed that “The NGT dealt with the submissions which were urged before it in essentially one paragraph. In failing to carry out a merit-based review, the NGT has not discharged an adjudicatory function.”