The National Green Tribunal as an Emerging Control

In one line

Since 2010 India has had a court for the environment alone, with expert members on the bench, no fault liability written into its own Act, and a limitation of six months for a dispute and five years for compensation.

In the wording a student can write in an examination: section 14 of the National Green Tribunal Act 2010 gives the Tribunal jurisdiction over all civil cases where a substantial question relating to environment, including the enforcement of any legal right relating to environment, is involved, and such question arises out of the implementation of the enactments specified in Schedule I; section 15 empowers it to provide relief and compensation to victims, restitution of property damaged and restitution of the environment; section 16 gives it appellate jurisdiction over ten classes of order under the pollution, forest, cess, environment and biodiversity statutes; and section 17 makes the person responsible liable to pay relief or compensation, applying the principle of no fault.

Why it is an emerging control

Because it is a forum and not a rule. Everything else in this module is a technique of regulation. The Tribunal is the place where every one of them becomes enforceable by somebody other than the regulator.

Because it has expertise on the bench. A tribunal with expert members sitting alongside judicial members can read an assessment report, a monitoring return and a hydrological study, which a general court cannot without an expert witness on each side.

Because it can award money. A writ court can quash a clearance. The Tribunal can quash a clearance and award compensation and order restitution of the environment in the same proceeding.

And because it replaced two failures. Section 38 repealed the National Environment Tribunal Act 1995, which was never brought into operation as a working tribunal, and the National Environment Appellate Authority Act 1997, whose Authority stood dissolved on the establishment of the Tribunal, its pending cases transferred and its members vacating office without any claim to compensation for premature termination.

Section 14, the original jurisdiction

The four elements, and every one of them is examinable.

All civil cases. So the Tribunal is a civil jurisdiction; criminal liability under the environmental statutes stays with the criminal courts, and the penalty regimes with the adjudicating officers.

A substantial question relating to environment. Not any question. The Act defines the expression, and the requirement excludes a private dispute between neighbours that touches the environment incidentally.

Including the enforcement of any legal right relating to environment. This is the limb that carries most applications.

Arising out of the implementation of the enactments specified in Schedule I. The jurisdiction is anchored to a list of Acts. A grievance under a statute not in Schedule I is outside the Tribunal however environmental it is, which is the single most important limit on the jurisdiction and the reason section 34 gives the Central Government power to amend the Schedule by notification laid in draft before both Houses for thirty days.