This article assesses the judicial structure of the National Green Tribunal (NGT), specifically focusing on the western bench, and its role in providing access to environmental justice in India. It highlights the loopholes and deficiencies in the functioning of the NGT, which hinder its effectiveness in addressing environmental problems. The analysis of recent environmental cases demonstrates contradictions and gaps in the institutional mechanisms, resulting in ineffective implementation of legislation. The lack of clarity in calculating compensation values, selective action against violators, and inadequate penalties are some of the issues identified. The article also points out the absence of a centralized monitoring mechanism for NGT orders and the inefficient utilization of collected fines. To improve the NGT's effectiveness, several recommendations are proposed. These include strengthening infrastructure, ensuring timely appointments of qualified personnel, providing specialized training, promoting collaboration and coordination among stakeholders, raising public awareness and participation, implementing effective case management practices, encouraging alternative dispute resolution, strengthening enforcement, fostering research and expertise, and advocating for legislative reforms. By addressing these recommendations, the NGT can enhance its capacity to handle environmental cases, expedite the resolution process, and uphold the principles of sustainable development, precautionality, and the Polluter Pays Principle. Collaboration and open dialogue among authorities, along with constructive approaches, are emphasized as crucial for addressing environmental challenges effectively.
| Published in | International Journal of Environmental Protection and Policy (Volume 11, Issue 5) |
| DOI | 10.11648/j.ijepp.20231105.12 |
| Page(s) | 86-91 |
| Creative Commons |
This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited. |
| Copyright |
Copyright © The Author(s), 2023. Published by Science Publishing Group |
National Green Tribunal, Environmental Justice, Institutional Structure, Access to Justice, Compensation, Monitoring, Environmental Law
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| [10] | The National Green Tribunal Act of 2010, available at https://greentribunal.gov.in/sites/default/files/act_rules/National_Green_Tribunal_Act,_2010.pdf, Last seen on 9/7/2023 |
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| [16] | The enactments in Sch. I include the following: Water (Prevention and Control of Pollution) Act 1974; Water (Prevention and Control of Pollution) Cess Act 1977; Forests (Conservation) Act 1980; Air (Prevention and Control of Pollution) Act 1981; Environment (Protection) Act 1986; Public Liability Insurance Act 1981; and Biological Diversity Act 2002. |
| [17] | The National Green Tribunal (Manner of Appointment of Judicial and Expert Members, Salaries, Allowances and other Terms and Conditions of Service of Chairperson and other Members and Procedure for Enquiry) Rules 2010 and 2012, available at https://greentribunal.gov.in/sites/default/files/act_rules/GSR_556E_dated_11-07-2012.pdf, last seen on 9/7/2023 |
APA Style
Megha Phadkay. (2023). Assessing Environmental Jurisprudence in India: An Analysis of the National Green Tribunal's Judicial Structure and Institutional Effectiveness . International Journal of Environmental Protection and Policy, 11(5), 86-91. https://doi.org/10.11648/j.ijepp.20231105.12
ACS Style
Megha Phadkay. Assessing Environmental Jurisprudence in India: An Analysis of the National Green Tribunal's Judicial Structure and Institutional Effectiveness . Int. J. Environ. Prot. Policy 2023, 11(5), 86-91. doi: 10.11648/j.ijepp.20231105.12
AMA Style
Megha Phadkay. Assessing Environmental Jurisprudence in India: An Analysis of the National Green Tribunal's Judicial Structure and Institutional Effectiveness . Int J Environ Prot Policy. 2023;11(5):86-91. doi: 10.11648/j.ijepp.20231105.12
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Download@article{10.11648/j.ijepp.20231105.12,
author = {Megha Phadkay},
title = {Assessing Environmental Jurisprudence in India: An Analysis of the National Green Tribunal's Judicial Structure and Institutional Effectiveness
},
journal = {International Journal of Environmental Protection and Policy},
volume = {11},
number = {5},
pages = {86-91},
doi = {10.11648/j.ijepp.20231105.12},
url = {https://doi.org/10.11648/j.ijepp.20231105.12},
eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijepp.20231105.12},
abstract = {This article assesses the judicial structure of the National Green Tribunal (NGT), specifically focusing on the western bench, and its role in providing access to environmental justice in India. It highlights the loopholes and deficiencies in the functioning of the NGT, which hinder its effectiveness in addressing environmental problems. The analysis of recent environmental cases demonstrates contradictions and gaps in the institutional mechanisms, resulting in ineffective implementation of legislation. The lack of clarity in calculating compensation values, selective action against violators, and inadequate penalties are some of the issues identified. The article also points out the absence of a centralized monitoring mechanism for NGT orders and the inefficient utilization of collected fines. To improve the NGT's effectiveness, several recommendations are proposed. These include strengthening infrastructure, ensuring timely appointments of qualified personnel, providing specialized training, promoting collaboration and coordination among stakeholders, raising public awareness and participation, implementing effective case management practices, encouraging alternative dispute resolution, strengthening enforcement, fostering research and expertise, and advocating for legislative reforms. By addressing these recommendations, the NGT can enhance its capacity to handle environmental cases, expedite the resolution process, and uphold the principles of sustainable development, precautionality, and the Polluter Pays Principle. Collaboration and open dialogue among authorities, along with constructive approaches, are emphasized as crucial for addressing environmental challenges effectively.
},
year = {2023}
}
TY - JOUR T1 - Assessing Environmental Jurisprudence in India: An Analysis of the National Green Tribunal's Judicial Structure and Institutional Effectiveness AU - Megha Phadkay Y1 - 2023/10/28 PY - 2023 N1 - https://doi.org/10.11648/j.ijepp.20231105.12 DO - 10.11648/j.ijepp.20231105.12 T2 - International Journal of Environmental Protection and Policy JF - International Journal of Environmental Protection and Policy JO - International Journal of Environmental Protection and Policy SP - 86 EP - 91 PB - Science Publishing Group SN - 2330-7536 UR - https://doi.org/10.11648/j.ijepp.20231105.12 AB - This article assesses the judicial structure of the National Green Tribunal (NGT), specifically focusing on the western bench, and its role in providing access to environmental justice in India. It highlights the loopholes and deficiencies in the functioning of the NGT, which hinder its effectiveness in addressing environmental problems. The analysis of recent environmental cases demonstrates contradictions and gaps in the institutional mechanisms, resulting in ineffective implementation of legislation. The lack of clarity in calculating compensation values, selective action against violators, and inadequate penalties are some of the issues identified. The article also points out the absence of a centralized monitoring mechanism for NGT orders and the inefficient utilization of collected fines. To improve the NGT's effectiveness, several recommendations are proposed. These include strengthening infrastructure, ensuring timely appointments of qualified personnel, providing specialized training, promoting collaboration and coordination among stakeholders, raising public awareness and participation, implementing effective case management practices, encouraging alternative dispute resolution, strengthening enforcement, fostering research and expertise, and advocating for legislative reforms. By addressing these recommendations, the NGT can enhance its capacity to handle environmental cases, expedite the resolution process, and uphold the principles of sustainable development, precautionality, and the Polluter Pays Principle. Collaboration and open dialogue among authorities, along with constructive approaches, are emphasized as crucial for addressing environmental challenges effectively. VL - 11 IS - 5 ER -
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