SC pulls up NGT for 'unilateral decisions', asks it to act with 'procedural integrity'

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Last Updated09/02/2024

The SC recently delivered an uncommon rebuke to the NGT for its unilateral decision-making.
The critique arises from the NGT's actions against a Delhi-based business, fining it without a fair hearing for environmental violations.

The Supreme Court criticised the NGT's trend of unilateral decisions, lack of fair hearings, and imposing hefty fines without due process.
It notes that the NGT's actions have frequently been challenged and stayed by the Supreme Court, undermining environmental protection efforts.
The Court stresses the need for procedural integrity and a balance between justice and due process for the NGT to regain credibility in environmental protection.

The Supreme Court set aside the NGT's orders and remanded the case back to the NGT.
It directed the NGT to issue notices, hear all affected parties, and then make appropriate decisions.

It is a specialised body set up under the National Green Tribunal Act (2010).
Purpose: For effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
With the establishment of the NGT, India became the third country in the world to set up a specialised environmental tribunal, only after Australia and New Zealand
NGT is guided by the principles of 'natural justice'.
It is mandated to make disposal of applications or appeals finally within 6 months of filing the same.
An order/decision/award of Tribunal is executable as a decree of a civil court.
An appeal against order/decision/ award of the NGT lies to the Supreme Court, generally within ninety days from the date of communication.
The NGT deals with civil cases under the seven laws related to the environment.
- The Water (Prevention and Control of Pollution) Act, 1974,
- The Water (Prevention and Control of Pollution) Cess Act, 1977,
- The Forest (Conservation) Act, 1980,
- The Air (Prevention and Control of Pollution) Act, 1981,
- The Environment (Protection) Act, 1986,
- The Public Liability Insurance Act, 1991 and
- The Biological Diversity Act, 2002.

The Tribunal comprises the Chairperson, the Judicial Members and Expert Members.
They shall hold office for a term of three years or till the age of sixty-five years, whichever is earlier
They are not eligible for reappointment.
The Chairperson is appointed by the Central Government in consultation with the Chief Justice of India (CJI).
A Selection Committee shall be formed by the central government to appoint the Judicial Members and Expert Members.