Ayaskanta Parida
With rising cases of environment-related litigations due to various reasons across the world, the need for specialized court-systems apart from specific laws in exclusively handling such cases has become the need of the hour. After Australia and New Zealand, India became the third country in the world to have such a system when in 2010 it enforced the then newly enacted National Green Tribunal (NGT) Act. The legislation was established under the Right to Life and Personal Liberty in Article 21 of the Indian Constitution.
It is truly a unique apparatus as it has been set up as a fast-track, quasi-judicial body to ensure speedy justice in the cases brought before it.
It comprises judges and subject-matter experts to ensure efficient handling of the cases. It works on the principles of natural justice and is not bound by the Civil Procedure Code. It has also been mandated through the 2010 legislation to apply key concepts such as sustainable development, the precautionary principle, and the ‘polluter pays’ principle which offers the tribunal offers a wide range of powers to the NGT to take restorative measures in the interest of the environment.
It should be mentioned that this act also gives a statutory recognition of the principle of no-fault liability (absolute liability– first recognized in the Oleum Gas leak case).
The Principal Bench of the tribunal is located in New Delhi. There are regional benches in Bhopal, Chennai, Kolkata, and Pune. The objective behind these establishments in different parts of the country is to reach the remote parts of India. In this way, people from different parts of the country can have access to this specialised tribunal.
This article would look at the constitution and jurisdiction of the National Green Tribunal.
The Making
The Rio Conference of 1992 was the first global platform that emphasized the need for judicial and administrative access to the citizens of a nation-state in addressing environmental issues. Principle 10 of the Rio Declaration stated that:
“Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.”
After the economic liberalization through the 1991 economic reforms, it was observed that there were rapid progress and massive economic gains in those sectors which contributed more to environmental pollution than the others.
Before the NGT Act came into existence, the government had come up with two other legislations that were formulated to establish specialized environment courts in India. The first was the National Environmental Tribunal Act (NETA) of 1995. The National Environmental Appellate Authority (NEAA) was the second one constituted under the National Environmental Appellate Authority Act, 1997.
The National Environment Tribunal Act, 1995 was passed by the Indian Parliament as a consequence of the Rio de Janeiro Conference. In line with the legislation, the Central Government of India established the National Environment Tribunal (under the National Environment Tribunal Act, 1995). The main objective of the tribunal was to compensate the affected who deal with the harmful substances. This was done in the backdrop of the 1984 Bhopal Gas Tragedy.
The National Environment Appellate Authority Act, (NEAA) of 1997 was passed specifically to apply certain industries, operations or processes or class of industries, operations or processes shall be or shall not be carried out under the Environment (Protection) Act, 1986.
Ministry of Environment and Forests of the Government of India established NEAA to address the environment clearances and related issues required in certain restricted areas. However, the Authority became defunct and the Act was repealed with the enactment of the National Green Tribunal Bill 2009.
With path-breaking judgments by the Supreme Court of India in the field of environment litigation like M.C. Mehta vs. Union of India, Indian Council for Environmental-Legal Action Vs Union of India, A.P. Pollution Control Board vs. M.V. Nayudu and A.P. Pollution Control Board vs M.V. Nayudu II, it was realized that a separate environment court for environment-related lawsuits is required. It was understood that environmental cases involve the interpretation and assessment of scientific data.
Hence, environmental courts require subject experts along with professional judges. It was in the case of AP Pollution Control Board vs. M.V. Nayudu where the idea of a “multi-faceted” environmental court containing both judicial and technical/scientific experts gained momentum.
In all these above-mentioned significant cases, due to the need of scientific data and complexity involved, it was realized the need of both judicial members along with the subject experts who are familiar with the issues.
Following this observation, the Law Commission of India was assigned to undertake a detailed study of the subject for the establishment of “Environment Courts” in India. It was after the report of the Law Commission on this matter was published that concrete steps were taken to fulfill the aforementioned objective, and hence the 2010 legislation came into being.
Jurisdiction
The tribunal’s jurisdictions involve all environmental laws on air and water pollution, the Environment Protection Act, the Forest Conservation Act, and the Biodiversity Act. Wildlife was kept out of the purview of this system as many criminal matters attached to it were decided to be kept in the general court system.
Section 14 of the National Green Tribunal Act has mentioned that the Tribunal has jurisdiction over all civil cases related to environmental issues. Section 14 further adds the time limit of disputes to be entertained by the court.
Point three of the section states:
“No application for adjudication of dispute shall be entertained by the Tribunal unless it is made within a period of six months from the date on which the cause of action for such dispute first arose.”
“Provided that the Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from filing the application within the said period, allow it to be filed within a further period not exceeding sixty days.”
Schedule – I of the NGT Act compromises the following:
The Water (Prevention and Control of Pollution) Act, 1974,
The Water (Prevention and Control of Pollution) Cess Act, 1977,
The Forest (Conservation) Act, 1980,
The Air (Prevention and Control of Pollution) Act, 1981,
The Environment (Protection) Act, 1986,
The Public Liability Insurance Act, 1991 and The Biological Diversity Act, 2002.
The tribunal has got the authority to provide relief and compensation to the pollution victims and other damages to the environment arising under the enactments specified in Schedule II.
This schedule includes accidents that occurred while handling any hazardous substance which can be brought up before the court under Section 15 of the act. However, it has to be presented within five years from the date of the accident. The Tribunal may still entertain applications beyond that prescribed time limit if it is satisfied by the causes mentioned by the applicant.
If the court is satisfied, another sixty days of leniency period might be granted in that case. The tribunal has also the right to order for compensating a property damaged and also for restitution of the environment in the affected areas. In this case, the tribunal has the jurisdiction similar to a civil court. The Tribunal has also the power to divide the compensation or relief payable under a separate head specified in schedule II.