The Hindu Editorial Analysis
19 February 2026
National Green Tribunal (NGT)
(Source – The Hindu, International Edition, Page no.-10 )
Topic: GS 2 – Government policies and interventions for regional development
Why in news: In the news due to recent rulings by the National Green Tribunal on major infrastructure and environmental clearance cases, highlighting debates over ecological safeguards, tribal rights, and sustainable development priorities.
Key Details
- Established in 2010 under the National Green Tribunal Act for speedy environmental justice.
- Specialised body combining judicial and technical experts.
- Applies principles of Sustainable Development, Precautionary Principle, and Polluter Pays.
- Has jurisdiction over major environmental laws like the Environment Protection Act.
- Appeals against its decisions lie directly with the Supreme Court of India.
Background and Rationale
- Established to address the growing volume and complexity of environmental litigation in India.
- Emerged from India’s commitment at the 1992 Rio Earth Summit to strengthen environmental adjudication.
- Designed as a specialised, expert-driven tribunal combining legal and scientific expertise.
- Aimed at overcoming delays in conventional courts in handling technical environmental disputes.
Legal Basis
- Constituted under the National Green Tribunal Act.
- The Act mandates disposal of cases within six months, ensuring time-bound justice.
- Provides for compensation, relief, and restitution for environmental damage.
Jurisdiction and Scope
- Exercises jurisdiction over civil cases involving substantial environmental questions.
- Covers key environmental statutes, including:
- Environment Protection Act
- Forest Conservation Act
- Water Act
- Air Act
- Biological Diversity Act, 2002
- Cannot adjudicate matters under the Wildlife Protection Act, 1972 directly, unless linked to other laws under its jurisdiction.
Guiding Principles
The NGT is statutorily required to apply:
- Precautionary Principle – Prevent harm even if scientific certainty is lacking.
- Polluter Pays Principle – Polluters bear the cost of environmental restoration.
- Sustainable Development – Balance economic growth with ecological protection.
- Intergenerational Equity – Protect resources for future generations.
Composition and Structure
- Headed by a Chairperson (retired Supreme Court Judge or Chief Justice of a High Court).
- Comprises Judicial Members and Expert Members (with expertise in environmental science, forestry, ecology, etc.).
- Principal Bench in New Delhi, with zonal benches in Bhopal, Pune, Kolkata, and Chennai.
- Appeals against its orders lie directly before the Supreme Court of India.
Procedural Flexibility
- Not strictly bound by the Code of Civil Procedure, 1908.
- Guided by principles of natural justice.
- Can conduct site inspections and seek expert reports.
- Encourages citizen participation through accessible procedures.
Notable Areas of Intervention
- Regulation of industrial pollution and waste management.
- Protection of forests, wetlands, and river ecosystems.
- Scrutiny of environmental clearances for infrastructure projects.
- Imposition of environmental compensation for violations.
Strengths
- Provides specialised environmental adjudication.
- Ensures relatively faster resolution of cases.
- Integrates scientific expertise into judicial decision-making.
- Strengthens enforcement of environmental norms.
Challenges and Criticisms
- Concerns about vacancies and limited benches, affecting efficiency.
- Questions over enforcement of its orders at the ground level.
- Occasional criticism of judicial overreach versus executive discretion.
- Dependence on state agencies for compliance monitoring.
Significance in Environmental Governance
- Acts as a bridge between development imperatives and ecological safeguards.
- Enhances accountability of governments and corporations.
- Empowers citizens and civil society to seek environmental remedies.
- Contributes to strengthening India’s climate and sustainability framework.
Conclusion
The NGT represents a landmark reform in India’s environmental jurisprudence. By combining legal authority with scientific expertise and time-bound procedures, it plays a pivotal role in advancing sustainable development, ecological accountability, and environmental justice in a rapidly developing economy.
EXPETCED QUESTIONS FOR PRELIMS:
The National Green Tribunal (NGT) was established under which of the following Acts?
(a) Environment Protection Act, 1986
(b) Forest Conservation Act, 1980
(c) National Green Tribunal Act
(d) Air Act, 1981
Answer: c