ANNOUNCEMENTS
India, in line with its international commitment to environmental protection and access to justice, established the National Green Tribunal (NGT) in 2010; a quasi-judicial forum dealing exclusively with environmental issues. It was established with a vision aligning with the Sustainable Development Goals of 2030, championing access to justice, fostering public accountability, and advocating inclusive governance. Globally NGT is recognised as integrating best practices associated with Environmental Courts and Tribunals (ECTs). Despite its acclaim, time and again there was a need to evaluate the performance of NGT. Now that NGT recently completed a decade of its establishment a systematic evaluation of NGT’s performance against international best practices became incumbent.
This doctoral research aims to comprehensively analyze the institutional and judicial aspects of the NGT as an environmental tribunal, grounded in the United Nations Environment Programme’s (UNEP) globally identified best practices for ECTs. The study delves into the NGT’s constitutional framework, conferred powers, and judicial pronouncements using applied doctrinal research and qualitative tools. Through descriptive and analytical explorations, the research navigates the intricacies of Indian environmental court dynamics, incorporating primary research through semi-structured interviews with key stakeholders.
The research illuminates four catalysts leading to NGT’s establishment: Supreme Court observations on conventional courts’ inadequacy, lessons from prior unsuccessful attempts, the Law Commission’s pivotal recommendation, and the global proliferation of ECTs. It studies NGT’s mandate and contributions to environmental jurisprudence through its extensive powers in environmental protection and conservation, innovative use of suo-motu powers (209 initiations until 2020), and adept application of International Environmental Principles.
Appraising NGT against UNEP-identified best practices reveals strengths in independence, inclusion of non-law decision-makers, efficient case management, broad jurisdiction, provision of remedies, and flexibility. Areas for improvement include ensuring adequate resources and enforcement powers, enhancing user-friendliness, expanding public outreach, and instituting commitment to continuous improvement and professional development. The research identifies unrealized best practices in alternate dispute resolution, cost control and effective management of expert involvement.
In conclusion, the study not only contributes to understanding NGT’s role as an environmental tribunal but also offers actionable recommendations for enhancing its efficiency and effectiveness. This contributes to India’s commitment to environmental protection and justice, providing valuable insights for the advancement of sustainable practices.
