The National Green Tribunal (NGT) was established under the National Green Tribunal Act, 2010 for speedy and specialised adjudication of environmental disputes. It gives effect to Article 21 by protecting the right to a clean environment and also supports Article 48A and Article 51A(g), which call for environmental protection by the State and citizens. Therefore, the NGT has become an important institution for ensuring environmental justice in India.
The NGT has succeeded to a considerable extent in promoting environmental justice.
Achievements of NGT
- Specialised environmental forum: The NGT combines judicial members and expert members. This helps in deciding complex cases related to pollution, forests, waste management, mining and industrial projects.
- Speedy justice: The NGT Act expects the Tribunal to dispose of applications and appeals within six months. This makes it faster than ordinary courts in many environmental cases.
- Use of environmental principles: Under Section 20 of the NGT Act, the Tribunal applies the principles of sustainable development, precautionary principle and polluter pays principle. This strengthens scientific and rights-based decision-making.
- Pollution control and compensation: The NGT has imposed environmental compensation in several cases involving illegal mining, river pollution, waste mismanagement and industrial accidents. In the LG Polymers gas leak case, 2020, it directed an interim deposit of ₹50 crore.
- Suo motu powers: In Municipal Corporation of Greater Mumbai v. Ankita Sinha, 2021, the Supreme Court upheld the NGT’s suo motu powers. This allows the Tribunal to act on urgent environmental issues even without a formal petition.
- Recent relevance: In 2026, the NGT continued to intervene in issues such as illegal waste facilities, water conservation violations and construction without environmental clearance, showing its continuing role in environmental accountability.
Limitations
However, the NGT has not fully achieved environmental justice.
- Many orders face weak implementation by State Pollution Control Boards and local bodies.
- Vacancies, limited benches and technical capacity gaps affect efficiency.
- Poor and marginalised communities may lack access to legal support.
- Some industries argue that sudden restrictions affect investment and employment.
- Rising pendency weakens the idea of quick justice.
Tensions in NGT’s Functioning
The NGT’s functioning reflects three major tensions:
- Ecological sustainability vs economic development: When NGT stops mining, construction or thermal projects, it protects ecology but may affect jobs, infrastructure and revenue.
- Development vs compliance: The Tribunal does not oppose development. Instead, it insists that development must follow environmental clearance, carrying capacity and pollution norms.
- Judicial activism vs democratic accountability: Suo motu actions and strong directions protect citizens’ rights. However, excessive tribunal-led governance may raise concerns about bypassing elected governments, local bodies and public consultation.
Conclusion
Thus, the NGT has significantly advanced environmental justice by making ecological rights enforceable and by applying scientific principles to governance. However, its success remains partial due to weak enforcement, capacity gaps and tensions with development needs. India must strengthen the NGT, improve local participation and ensure that economic growth follows the path of sustainable development.
