National Green Tribunal and the Environment

The establishment of specialised environmental courts or tribunals as specialist adjudicatory forums is shaping the normative interpretation of environmental law. India stands as an exemplar for developing nations through the establishment of the National Green Tribunal (NGT) in 2010. This was a bold and innovative initiative. Its working practices encompass judges working alongside scientific experts with environmental knowledge as joint decision-makers, participatory mechanisms that express equal opportunity for an aggrieved party, and expansive procedural powers. However, new challenges have arisen that question the effectiveness and efficiency of the Tribunal. These include availability and independence of a specialist range of scientific knowledge, the exercise of its jurisdictional power, and controversial self-expansionist powers. This chapter suggests the need for an evaluation of membership, timeframes, outreach, transparency and outcomes. The awareness and willingness to review, reform, and change are hallmarks of a successful tribunal thereby reinforcing its legitimacy and trust across India.