The Role of National Green Tribunal in Environmental Protection: A Critical Review

Abstract

The establishment of the National Green Tribunal (NGT) in India marked a decisive step towards strengthening the framework of environmental governance by providing a specialized body to adjudicate disputes relating to the protection of the environment. Conceived with the objective of ensuring expeditious disposal of cases and reducing the burden on traditional courts, the NGT has become a central mechanism in balancing the competing demands of development and ecological sustainability. This paper critically reviews the evolution, functioning, and effectiveness of the NGT as a guardian of environmental protection in India. The study highlights the Tribunal’s achievements in shaping jurisprudence through landmark rulings on air pollution, industrial emissions, forest conservation, waste management, and climate-related challenges. At the same time, it draws attention to the constraints that hinder its effectiveness, such as inadequate infrastructure, limited benches, and frequent challenges to its jurisdiction by vested interests. The review situates the NGT within a broader discourse of environmental justice, exploring its role in empowering citizens, civil society, and affected communities to access legal remedies for environmental harm. The Tribunal’s innovative application of principles such as the “polluter pays,” “precautionary approach,” and “sustainable development” underscores its contribution to embedding ecological concerns into mainstream legal processes. Yet, questions remain regarding the enforcement of its orders, coordination with regulatory authorities, and the long-term sustainability of its interventions in a rapidly industrializing economy. By systematically evaluating both its successes and shortcomings, this paper argues that the NGT has emerged as a vital but evolving institution whose credibility rests on its ability to adapt to new environmental challenges while ensuring impartiality, transparency, and timely justice. The critical review emphasizes that while the NGT alone cannot resolve India’s environmental crises, its presence significantly strengthens the rule of environmental law. It concludes that enhancing the Tribunal’s capacity, expanding its jurisdictional reach, and fostering stronger inter-institutional linkages are crucial to ensuring that the NGT continues to serve as an effective instrument of environmental protection and as a model for specialized environmental adjudication in other jurisdictions.