The National Green Tribunal Act received presidential assent on 2nd June, 2010. In a country, where the backlog of cases runs into crores, the Parliament deemed it fit to enact an Act that would "provide for the establishment of a National Green Tribunal for the effective and expeditious disposal of cases relating to environmental protection." The paper begins with analysing the need of setting-up of such Tribunals in light of the State's obligation to protect the Environment.
The tribunal forms a specialized body to adjudicate upon environmental issues. In a democratic system, such as India, it is imperative for the state to provide a platform for effective and speedy disposal of environmental cases. The paper would then proceed to analyse the development of Environmental Jurisprudence in India fostered by the judiciary.
While a remarkable change in the perspective towards Environmental protection is manifest with the establishment of the National Green Tribunal, its parent Act suffers from various shortcomings. The same have been criticized and recommendations have been made to amend such impediments.
Introduction
The specific goal of UN 2030 is with the agenda for the Sustainable Development of Environment can be achieved by only setting up the essential courts and tribunal for its progress Almost 1200 environmental courts, and tribunals are working in various countries and more courts are being planned to be established for further improvement.
It has been analysed that if environmental cases are to be concerned, then it should be according to scientific analysis, which is only possible with the help of experts and judicial officers. If this is followed, then the judicial system can become more efficient for resolving the environment matters.
National Green Tribunal was established in 2010 which was under the National green tribunal act. This act is related to the disposal of civil cases in relation to environmental protection and also for the conservation of natural resources. There is an inclusion of legal rights and which are related to the environment. The National Green Tribunal Act,2010 is enacted under Article 21 of the Indian Constitution, and it explains the right to live in a clean and healthy environment.[1]
A rather simplistic, primeval state that existed a few centuries ago has now been catapulted into a highly complex state that, as the protector, regulator, guarantor and guardian of its citizens, is enmeshed in a labyrinth of political duties. The newly formed, albeit the one that developed gradually, state can rightly be termed as a 'welfare state' that seeks to attend to the general welfare of its citizens.
The contemporary socio-political regime supposes the existence of a 'welfare state' to look after the multifarious needs of its citizens. The increase in duties of the Government brought with it the responsibility to protect the environment to ensure proper livelihood. Consequently, increasing number of environmental disputes necessitated setting-up of specialized courts competent to adjudicate upon such complex disputes.[2]
The development of environmental protection laws in India can be studied in light of various international treaties, legislative implementations and judicial interventions that supplemented and fostered the growth of environmental jurisprudence in the state. The Stockholm Declaration in 1972 brought forth the issue of environmental protection to international attention and provided the much-needed impetus to environmental legislation in India.
The palpable result of the Declaration was the Constitution (forty second Amendment) Act, 1976 that inserted Articles 48A2 and 51A (g)3 to the Constitution of India. The cumulative effect of the articles was an obligation, on both state and citizens to protect, preserve and safeguard the environment. In order 2 Article 48A reads as follows- "Protection and improvement of environment and safeguarding of forests and wild life.
The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country." Article 51A (g) reads as follows-" to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures."
To further implement the decisions held at Stockholm, the Parliament in 1986 enacted the Environment (Protection) Act to "provide for the protection and improvement of environment" and for the purpose of "prevention of hazards to human beings, other living creatures, plants and property". Supplementing the Act are various legislations that prevent pollution of air , water , forest and provide for the protection of biodiversity.
To provide for effective distribution and estimation of remedy, the Parliament further enacted the Public Liability Insurance Act, 1991 that was followed by the National Environment Tribunal Act, 1995 and the National Environment Appellate Authority Act, 1997. This compendium of legislative enactments may rightly be termed as the Indian corpus of Environmental law that rightly forms the cornerstone of Environmental jurisprudence in India.[3]
Bolstering the environmental edifice is the Indian judiciary that has constantly, by means of either statutory interpretation or activism strengthened environmental diligence in India. Such has been the role of the Indian Judiciary that even in the absence of a constitutional mandate to the state to protect the environment, the state is obliged to preserve it; making environmental protection a well-entrenched policy in governance. There exists a catena of judgments emphasizing on the need to a safe, healthy and clean environment. [4]
In a celebrated case involving illegal quarrying of limestone, the Supreme Court for the first time held that it is "the right of the people to live in healthy environment with minimal disturbance of ecological balance and without avoidable hazard to them and to their cattle, homes and agricultural land and undue affectation of air, water and environment."
In another judgment of far-reaching consequence, The Air (Prevention and Control of Pollution) Act, 1981, The Air (Prevention and Control of Pollution) Rules, 1982, The Noise Pollution (Regulation and Control) Rules, 2002. The Water (Prevention and Control of Pollution) Act, 1974.
The Water (Prevention and Control of Pollution) Cess Act, 1977, Central Board for the Prevention and Control of Water Pollution (Procedure for Transaction of Business) Rules, 1975. The Forest (Conservation) Act, 1980, Forest (Conservation) Rules, 2003, The Wild Life (Protection) Act,1972. The Biological Diversity Act, 2002, the Apex court held that an inherently dangerous industry owes an absolute and non-delegable duty to take the highest standards of safety and account for any harm that result from such activity.
The sensitivity of the judiciary towards environmental protection is manifest in its various judgments. This trend of environmental protection and activism eventually led to a growing desire to establish courts competent to handle environmental disputes. The pressing need ultimately culminated in the enactment of the National Green Tribunal Act that serves as a milestone in environmental jurisprudence
In recent years, a lot of pressure has been imposed on the natural sources of the environment due to the expansion of the industries, transportation and increasing urbanisation and there are pending cases related to the environment in other courts. So, this reason includes setting up of National Green Tribunal under the Act.
India being a member of the United Nations Conference on Human Environment called upon to provide a very effective judicial and administrative proceedings and to redress the liabilities regarding National laws for the victims in relation to environmental pollution and damage.
The main object is the right to life, and a healthy environment which is given under Article 21 of the Indian Constitution has been constructed in the matter of judicial proceedings.
The National Green Tribunal is enacted for the strict liability which can be imposed after one indulges in environmental damages or accidents related to hazardous substances.[5]
There is setting up of National Green Tribunal Under this Act for better relief and compensation with regards to the damages to persons, property and the environment.
The chairperson should be qualified as a judge of the supreme court or the chief justice of the high court.
The member of the tribunal should have a qualification in relation to the judge of high court as a judicial expert.
As the non-judicial expert, one should have the degree of masters in science or doctorate degree or with a master's degree in engineering.
Under section 19 of the act, the Tribunal shall have the power that would be required to regulate its own procedure.[10]
Under section 21 of the act, decisions which are taken by the majority of the members in the tribunal are considered as binding on the aggrieved parties.
The court observed the problem of a growing population in Delhi and ordered to set up an action plan and directed that the vehicles which are 10 years old are prohibited and the burning plastic is prohibited.
But it is an advantage that due to national green tribunals, lawyers are encouraged to specialize in environmental law and the tribunal is therefore considered as an important aspect to provide justice in the matters related to the environment. A time is awaited when our environment will be given most importance through the medium of law pertaining to it.