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.
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.
- 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
- The person should have been either a Judge of India’s Supreme Court or Chief Justice of a High Court in India.
- A Judge of Supreme Court of India, Chief Justice of High Court, Judge of a High Court
- 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.
- 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.
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.