National Green Tribunal

• Madras High Court recently observed that NGT’s principal bench in Delhi is no superior to any of its regional benches.
• A decision given by any bench of NGT, dealing with any issue, will have pan India effect and it cannot be said that only if the issue is decided by the bench at Delhi.

National Green Tribunal

• It is a specialised body set up under the National Green Tribunal Act, 2010
• It is established for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
• It was formed by replacing the National Environment Appellate Authority.
• The inspiration for this came from Article 21 of the Constitution of India which guarantees the citizens of India a right to a clean and healthy environment.

• Also the DPSP mentions that “it is the duty of the state to protect and improve the environment and to safeguard the forests and wildlife of the country and bestow upon the citizens the duty to protect the environment”.
• India has become the third country in the world after Australia and New Zealand, for setting up a specialized environmental tribunal and also the first developing country to do so.
• The decisions of the Tribunal are binding.
• The Tribunal’s orders are enforceable as the powers vested are the same as in a civil court under the Code of Civil Procedure, 1908.
• The Tribunal has powers to review its own decisions.
• If this fails, the decision can be challenged before the Supreme Court within 90 days.

Benches:

• The Tribunal has a presence in five zones viz, North, Central, East, South and West.
• The Principal Bench is situated in the North Zone, headquartered in Delhi.
• The Central zone bench is situated in Bhopal, East zone in Kolkata, South zone in Chennai and West zone in Pune.
• The Tribunal is headed by the Chairperson who sits in the Principal Bench and has at least ten but not more than twenty judicial members and at least ten but not more than twenty expert members.
• All these members are required to hold the office for five years and are not eligible for reappointment.
• The Chairperson of the National Green Tribunal (NGT) is appointed by the Central Government of India in accordance with the Chief Justice of India.