What is National Green Tribunal?

National Green Tribunal is a statutory body established by a Government Notification using the powers of Section 3 of the NGT Act 2010. It has replaced National Environment Appellate Authority.

Objective

The objective of establishing a National Green Tribunal was as follows:

  • To provide effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment.
  • Giving relief and compensation for damages to persons and property
  • Other Related Matters.
Chairperson and Members of NGT
  • It has a full time chairperson and following members:
  • At least 10 and maximum 20 Full time Judicial members
  • At least 10 and maximum 20 Full time Expert Members
Qualification for Chairperson
  • The person should have been either a Judge of India’s Supreme Court or Chief Justice of a High Court in India.
Qualification for Judicial member
  • A Judge of Supreme Court of India, Chief Justice of High Court, Judge of a High Court
Qualification for Expert members
  • Either a degree in Master of Science (in physical sciences or life sciences) with a Doctorate degree or Master of Engineering or Master of Technology
  • Or an experience of fifteen years in the relevant field and administrative experience of fifteen years in Central or a State Government or in a reputed National or State level institution.
  • Post retirement jobs
  • Once retired, the chairman or judicial members can not take up any job related to matters of this tribunal for at least 2 years.
Other Notes
  • Appointment of members is done by Central Government.
  • Chairperson of NGT is appointed by the Central Government in consultation with the Chief Justice of India.
  • Judicial Members and Expert Members ofthe Tribunal are appointed on the recommendations of such Selection Committee.
  • Chairperson, Judicial Member and Expert Member hold office for 5 years.
  • Maximum age of the chairman 70 years if he has been a Supreme Court Judge and 67 years, if he has been a high court judge.
  • Chairperson can be removed from his office via an order made by the Central Government after an inquiry made by a Judge of the Supreme Court in which such Chairperson or Judicial Member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
Jurisdiction

The National Green Tribunal has jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment), is involved and such question arises out of the implementation of the enactments specified in Schedule I of the National Green Tribunal Act 2010. The acts listed in Schedule 1 are:

  • The Water (Prevention and Control of Pollution) Act, 1974;
  • The Water (Prevention and Control o[Pollution) Cess Act, 1977;
  • The Forest (Conservation) Act,
  • The Air (Prevention and Control of Pollution) Act, 1981;
  • The Environment (Protection) Act, 1986;
  • The Public Liability Insurance Act, 1991;
  • The Biological Diversity Act, 2002.

It would deal with all environmental laws on air and water pollution, the Environment Protection Act, the Forest Conservation Act and the Biodiversity Act.

Advertisement

Comments