Environmental Justice in India: NGT’s Role, Jurisdictional Overlaps & Key Rulings
Explore the role of the National Green Tribunal (NGT) in India’s environmental justice system, its key rulings, and challenges arising from jurisdictional overlaps with High Courts and the Supreme Court.
Context:
The National Green Tribunal (NGT) has recently come into the spotlight following its report on illegal tree felling on forest land allotted to a Satsang group in India. This incident underscores the critical role of the NGT in safeguarding the environment and enforcing laws related to ecological protection. The case also highlights jurisdictional overlaps between the NGT, High Courts, and the Supreme Court, raising questions about procedural fragmentation and challenges in ensuring timely environmental justice.
What is the National Green Tribunal (NGT)?
Established in 2010 under the National Green Tribunal Act, the NGT is a specialised body tasked with environmental protection and resolving disputes related to forest conservation and pollution control. Its primary aim is to provide speedy, expert-driven adjudication of environmental cases. The NGT is mandated to resolve cases within six months of filing, offering a quicker alternative to the often backlogged Indian judiciary.
The tribunal comprises judicial and expert members and has jurisdiction over a wide range of environmental statutes, such as the Environment (Protection) Act, 1986, Water Act, Air Act, and Forest (Conservation) Act, 1980. Importantly, appeals against NGT decisions are directly heard by the Supreme Court under Section 22 of the NGT Act.
The NGT’s Principal Bench is located in New Delhi, with circuit sittings held in Bhopal, Pune, Kolkata, and Chennai. By taking on environmental cases, the NGT has significantly reduced the burden on higher courts while holding statutory bodies accountable through its orders.
Prominent NGT Rulings:
The NGT has delivered numerous landmark decisions that demonstrate its proactive role in environmental jurisprudence. Some of its significant rulings include:
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Almitra Patel v. Union of India (2012): A nationwide ban on open waste burning.
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Vardhaman Kaushik (2015): Orders to remove diesel vehicles older than 10 years in Delhi NCR to combat air pollution.
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2024-25 Orders: Demolition of 29 illegal bungalows on the Indrayani River floodplain and imposition of a ₹2 crore fine on the Rishikesh-Karnprayag rail project for improper debris disposal.
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Nationwide ban on concretising tree bases to protect urban green cover.
These rulings reflect the NGT’s application of key principles such as the Polluter Pays principle and the Precautionary Principle in enforcing environmental protection laws.
NGT’s Jurisdictional Overlap with High Courts and Supreme Court:
While the NGT Act grants exclusive jurisdiction over environmental matters, High Courts retain their writ powers under Article 226, and the Supreme Court can intervene under Article 32 for matters of natural justice and fundamental rights. This overlap leads to a complex judicial structure in environmental cases.
Judicial Cooperation:
In some cases, the Supreme Court has extended the NGT’s jurisdiction. For instance, in the Raza Ahmad v. State of Chhattisgarh (2022) case, the Supreme Court allowed the NGT to take up land-use violations tied to environmental clearance. Similarly, the Ankita Sinha (2021) case saw the Supreme Court reaffirm the NGT’s suo moto powers.
Judicial Discord:
However, some decisions have led to jurisdictional disputes. In the Auroville case (2025), the Supreme Court struck down an NGT order, citing jurisdictional overreach. Similarly, in the Yogendra Mohan Sengupta case, the Supreme Court overruled the NGT’s decision to stay a development plan for Shimla until 2041. In another major ruling, the Supreme Court clarified its stance on firecrackers, reversing the NGT’s complete ban, instead recommending a balanced approach considering public health and religious practices.
The Role of the NGT and Its Overlapping Jurisdictions:
While the NGT has a specialised role in environmental protection, the overlapping jurisdictions with the High Courts and the Supreme Court sometimes create complications in the judicial process. This system allows for checks and balances but can also result in duplicative efforts, procedural delays, and uncertainty for litigants.
For example, in the Satsang tree felling case, the NGT could address violations under the Forest (Conservation) Act, but land rights or issues like religious exemptions may be better suited to the High Court’s jurisdiction. This scenario highlights the fragmentation between different judicial bodies, complicating the application of environmental laws in India.
Key Challenges to Environmental Justice:
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Fragmented Governance: The overlapping jurisdictions of the NGT, High Courts, and Supreme Court can lead to inconsistent rulings and delays in addressing critical environmental concerns.
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Lack of Resources: The NGT faces challenges in enforcing its orders, often due to limited resources and bureaucratic inefficiencies.
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Need for Holistic Approaches: Environmental issues often require coordinated action across different sectors of government. Jurisdictional disputes complicate this coordination, undermining the effectiveness of environmental governance.
Way Forward:
To ensure effective environmental justice, the judicial framework must be streamlined. Several steps can be taken:
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Clearer Jurisdictional Boundaries: Defining the NGT’s scope of powers and avoiding overlaps with constitutional courts could reduce confusion.
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Better Coordination: Enhanced coordination between the NGT, High Courts, and Supreme Court could facilitate smoother decision-making processes in environmental cases.
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Empowered Enforcement: Strengthening the enforcement mechanisms of the NGT could help ensure the timely implementation of its orders.
In conclusion, the National Green Tribunal plays a vital role in environmental protection and governance in India. While its jurisdictional overlap with other judicial bodies presents challenges, it also creates opportunities for collaborative governance. As India continues to face increasing environmental pressures, ensuring the efficiency and clarity of this system will be crucial for maintaining ecological integrity and securing sustainable development.
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The Source’s Authority and Ownership of the Article is Claimed By THE STUDY IAS BY MANIKANT SINGH
