By Siddhant Sharma, Amity Law School, Jaipur.
The setting up of the National Green Tribunal (NGT) was a result of lack of expert knowledge needed to settle cases relating to environmental issues.
Indian Courts had been entertaining environmental issues by the means of writs and PILs, but the technicalities were missed by the judiciary as expert knowledge is a must to decide such cases. The rise of environmental issues increased after the very well-known interpretation of the judiciary saying that ‘Right to clean and healthy environment’ is part of our fundamental rights (the same being interpreted within the scope of Article 21 of the Constitution of India). This was when the Courts directed expert committees that if any environmental issue knocks the Court of Law, the committee would prepare a report for the court’s interpretation. But such reports of the expert committees were not interpreted in technical terms by the court of law, thus defeating the whole point of setting up such committees. (more…)