The National Green Tribunal Act, 2010

Summary of the National Green Tribunal Act, 2010
To establish a National Green Tribunal (NGT) for the effective and expeditious disposal of environmental protection and conservation cases, ensuring a balanced approach through judicial and expert oversight.
Key Provisions
1. Establishment & Composition
• Established By: Central Government through official notification.
• Members:
• Chairperson: Retired Judge of the Supreme Court of India or former Chief Justice of a High Court.
• Judicial Members: Experienced Judges from High Courts.
• Expert Members: Professionals with at least 15 years of experience in environmental science, ecology, conservation, or administration.
2. Jurisdiction, Powers, & Proceedings
• Jurisdiction: Covers environmental and ecological disputes, including compensation for environmental damage under specified laws.
• Appellate Jurisdiction: Handles appeals from decisions of lower environmental authorities.
• Powers: Empowered with the powers of a civil court, with decisions made by a majority, ensuring a blend of legal and environmental expertise in each case.
3. Penalty & Offences
• Non-Compliance Penalties: Imposes penalties for ignoring NGT orders or violating environmental laws.
• Liability: Holds corporations and government entities liable, with directors/officers personally liable unless they can prove no negligence.
4. Miscellaneous Provisions
• Exclusion of Civil Court Jurisdiction: Bars civil courts from entertaining cases within NGT’s jurisdiction.
• Offence Cognizance: Requires specific complaints or a 60-day notice before cognizance of offences.
• Good Faith Actions: Provides immunity for actions taken in good faith under the Act.
• Rule Making: Authorizes the Central Government to make rules for implementation.
5. Repeal, Savings, & Schedules
• Repeals: Replaces the National Environment Tribunal Act, 1995, and the National Environment Appellate Authority Act, 1997.
• Schedules:
• I: Enumerates Acts under NGT’s purview.
• II: Outlines criteria for compensation (including death, injury, property, and environmental damage).
• III: Lists amendments to other Acts for alignment.

Legislative History:

The National Green Tribunal Act, 2010

Short Title The National Green Tribunal Act, 2010

Act Number / Year Act No. 19 of 2010

Act ID (India Code) 201019

Presidential Assent Date June 2, 2010

Enforcement Date October 18, 2010

Nodal Ministry Ministry of Environment, Forest and Climate Change

Precedent & Statutory Rationale

1. Overburdened Traditional Judiciary and Technical Complexity:

o Prior to 2010, civil disputes and writ petitions concerning environmental degradation were adjudicated by regular civil courts and High Courts, which faced severe backlogs and lacked the specialized, multi-disciplinary scientific expertise required to evaluate complex ecological, chemical, and environmental impact assessments.

2. Fulfilling International Environmental Jurisprudence and Rio Declaration:

o Grounded in international commitments undertaken at the United Nations Conference on the Human Environment (Stockholm, 1972) and the United Nations Conference on Environment and Development (Rio de Janeiro, 1992), India sought to create an independent, dedicated judicial forum to guarantee effective access to justice, swift redress, and standardized liability and compensation frameworks for victims of environmental harm.

Parliamentary Trajectory & Enactment

• Formulation: Developed and piloted by the Ministry of Environment and Forests to overhaul environmental litigation and compliance enforcement.

• Parliamentary Passage: Tabled, debated, and passed by both Houses of Parliament during the budget/monsoon sessions of 2010.

• Presidential Assent: Received formal Presidential Assent on June 2, 2010, entering the statute book as Act No. 19 of 2010.

• Enforcement: Enforced on October 18, 2010.

• Source: India Code and Ministry of Environment, Forest and Climate Change Official Records