National Green Tribunal

Background and evolution

Environmental disputes in India were long handled by ordinary civil courts and, from the 1980s, by the Supreme Court and High Courts through public interest litigation. Judges often had to decide complex technical questions about pollution, ecology and engineering without specialist support, and cases took years. The Supreme Court in several judgments, and the Law Commission in its 186th report, recommended specialised environmental courts with technical experts.

An earlier attempt, the National Environment Tribunal Act of 1995 and the National Environment Appellate Authority Act of 1997, had limited success. The NGT Act 2010 was passed partly to fulfil India's commitments from the 1992 Rio conference to provide effective access to judicial remedies in environmental matters. India became one of the few countries with a dedicated national environmental tribunal.

Key features and provisions

• Jurisdiction: civil cases involving substantial questions relating to the environment, arising from seven laws listed in Schedule I.
• Schedule I laws: Water Act 1974, Water Cess Act 1977, Forest Conservation Act 1980, Air Act 1981, Environment Protection Act 1986, Public Liability Insurance Act 1991 and Biological Diversity Act 2002.
• Not covered: the Wildlife (Protection) Act 1972 and the Forest Rights Act 2006.
• Principles: must apply sustainable development, the precautionary principle and the polluter pays principle.
• Procedure: not bound by the Code of Civil Procedure; follows principles of natural justice.
• Powers: relief and compensation to victims, restitution of property and restoration of the environment.
• Composition: a Chairperson, judicial members and expert members, with a minimum of ten and maximum of twenty full-time members of each type.