Anatomisation of the Recent Trends in the Role of NGT in Fostering Sustainability and Environmental Justice in India: Challenges and Implications

Abstract

National Green Tribunal is a unique forum for adjudging matters relating to environmental protection, prior to which the same role was played by the higher judiciary exercising constitutional jurisdiction. Hence it is quite obvious to have a concern over the constitution of the Tribunal. The ability of the NGT to upkeep the constitutional right to safeguard the environment is to be experienced from its functioning. Crossing ten years, it is ideal for analyzing the effectiveness of NGT in achieving its mandate. Moreover, the right to environment is a fundamental right and a basic human right inspired by the international community as well as the United Nations documents. Most of the jurisprudence evolved internationally for environmental protection is now incorporated by the Supreme Court into the Indian legal system. Monitoring these fundamental guarantees is also now a promise expected from NGT, and its members are expected to be reasonably competent to upkeep these promises. Analyzing this competency of NGT over this period is significant for numerous reasons. Addressing the conflict between development and environmental protection is one of the most challenging exercises, both in administrative and in judicial terms. On a close look at the NGT, it can be seen that the role in balancing development and environmental protection is mainly done now by the NGT. The success rate of NGT in drawing the balance will be analyzed in this work. Drawing a balance between development and environmental protection is designing this country's sustainable development concept. Thus, the role of NGT in this dimension also needs to be critically assessed. In short, this article will try to conceptualize the effectiveness and pitfalls of making legislation like the NGT Act in India. This doctrinal research, with the aid of case laws of the Tribunal as well as the Constitutional Courts of India and research works and books of eminent scholars, can help understand the role played by the NGT in fostering sustainability and environmental justice in India, along with the challenges it faces.