NATIONAL GREEN TRIBUNAL BILL 2009:(ENVIRONMENT & ECOLOGY)

Highlights:

1.It aims to establish specialized environmental courts in country. Bill replaces the existing National Environmental Appellate Authority and gives wider jurisdiction.

2. Bill allows to hear complaints of “substantial question” relating to the environment. Here “substantial questions” means those which affects the community not individual or group of same and which causes significant damage to the environment.

“Substantial questions” relating to environment under the following law can raised in these tribunal:

• Water (prevention and control of pollution) Act,1974
• The Water Cess Act, 1977
• The Forest(conservation) Act 1980
• The air(prevention and control of pollution) Act, 1981
• The Environment(protection) Act,1986
• The Public Liability Insurance Act,1991
• The Biological Diversity Act,2002

3. Tribunal consists of both judicial and experts members. Judicial members should have been judges of high or supreme courts and expert member should have good technological background and essential practical knowledge.

4. Bill states that order of tribunal shall be final and contains no provision for appeal.

5.Bill was introduced by the Ministry of Environment and Forests in response to the supreme court and recommendations of law commission.

Key Issues:

1. Meaning of “substantial question related to environment” is open to interpretation and does not give exact meaning.
2. It may reduce the access to justice in environmental matters by taking away the jurisdiction of civil courts. All cases under these law will be handled by these tribunal which is benched at limited location(initially only five).
3. It does give the tribunal jurisdiction over some environmental issues.
4. Mainly the judicial members qualification is same as it was for NEAA.
5. Bill does not give any clear idea about the composition of tribunal and selecting committee.