Answer Writing - UPSC Mains

The Daily Answer Writing Practice
[Question 81, 04 October, 2020]

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Please find below today’s answer for Daily Answer Writing Practice

While the National Green Tribunal (NGT) has emerged as an important player in Indian environmental regulation, it has also been subject of criticism for overreach into the domains of constitutional courts and the executive. Critically analyse. (15 marks, 250 words)

In the pursuit of economic development, the impact on environment was being ignored. With activists moving the courts, the Supreme Court in a series of judgements highlighted the need to set up special environmental courts as these cases raised issues which required technical knowledge and expertise, speedy disposal, and continuous monitoring.
The NGT:
The National Green Tribunal Act, 2010 provided for the establishment of the National Green Tribunal (NGT) as a quasi-judicial body for the effective and expeditious disposal of cases relating to environmental protection. The Tribunal has original and appellate jurisdiction with regard to the implementation of seven environmental laws.
Since its formation, NGT has played an important role in environment regulation, as seen in cases related to Yamuna conservation zone, cancellation of coal block in Chhattisgarh forest etc. However, in its zeal to handle all things related to environment, the NGT has been accused of overeaching into the domain of the executive and the judiciary.
Overreach in judicial domain:
• The power of suomotu - NGT has taken up cases on its own motion (suo motu) like Rohtang Pass issue etc. However, Madras High Court said that it has no suo motu powers like those of higher judiciary.
• Conflict with High Courts: Conflicts are brewing between NGT and High Courts over jurisdiction for appeals. As per the NGT Act, appeals from NGT can only go to the Supreme Court, thus by-passing the high courts. But the Madras High Court said that appeals of tribunals must go to the High Courts first.
• Judicial review - NGT had given itself the power to review parent statute also. However, the SC rejected it and held that such Tribunals, being creatures of a statute, are not entitled to entertain the vires of their parent statutes.
Overreach in executive domain:
NGT has often ventured into the policy domain of the executive resulting in conflicts with government and appeals in the Supreme Court.
Examples:
• NGT had declared a "silence zone" in the Amarnath cave shrine. The order was set aside by the Supreme Court.
• NGT directed ten State Governments regarding appointments of Chairmen to the SPCBs and laid down guidelines. The SC had set aside the order noting that NGT had exceeded its jurisdiction.
There are numerous appeals against NGT orders by the Central and State governments accusing it of exceeding its jurisdiction.

Tribunals are created for specific purposes, and its parent statute leaves enough ambiguity for it to overreach, and government could explore amending it to clarify its jurisdiction. There also needs to be fresh debate on Subramiam committee's recommendation to set up special district-level courts to deal with infringement of environmental laws and an administrative tribunal (not a judicial one) to review clearances.

#polity #governance #GS2

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