NGT , National Green Tribunal Act, 2010
Enables creation of a special tribunal to handle the - “ effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto”
[Doesn’t cover Wildlife protection]
It draws inspiration from the India's constitutional provision of Article 21, which assures the citizens of India the right to a healthy environment.
It has Original Jurisdiction over matters related to environment.
Shall be guided by principles of natural justice.
The schedule 1 of NGT includes
1. The Water (prevention and control of pollution) Act, 1974.
2. The Water (prevention and control of pollution) Cess Act, 1977.
3. The Forest (conservation) Act, 1980.
4. The Air (prevention and control of pollution) Act, 1981.
5. The Environment (Protection) Act, 1986.
6. The Public Liability Insurance Act, 1991.
7. The Biological Diversity Act, 2002.
Sanctioned strength: currently, 10 expert members and 10 judicial members (although the act allows for up to 20 of each).
Selection: Members of the NGT are chosen by a selection committee (headed by a sitting judge of the Supreme Court of India) that reviews their applications and conducts interviews. The Judicial members are chosen from applicants who are serving or retired judges of High Courts.
Expert members are chosen from applicants who are either serving or retired bureaucrats not below the rank of an Additional Secretary to the Government of India (not below the rank of Principal Secretary if serving under a state government) with a minimum administrative experience of five years in dealing with environmental matters. Or, the expert members must have a doctorate in a related field.
Chairman: is the administrative head of the tribunal, also serves as a judicial member and is required to be a serving or retired Chief Justice of a High Court or a judge of the Supreme Court of India.
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