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28 Supremo Amicus [403] (2022)
Establishment of Green Tribunal in India: Ideology and Nexus with the Constitution of India

handle is hein.journals/supami28 and id is 403 raw text is: SUPREMO AMICUS

VOLUME 28 1 JANUARY, 2022

ISSN 2456-9704

ESTABLISHMENT OF GREEN
TRIBUNAL IN INDIA:
IDEOLOGY AND NEXUS
WITH THE CONSTITUTION OF
INDIA
By Ravikiran Shukre
From ILS Law College, Pune
INTRODUCTION
Environmental law in India is a study of the
growth of law and jurisprudence relating to
the subject environment and highlights
various dimensions of the environmental
regime. It inter alia examines related aspects
like public nuisance and civil remedies
against environmental problems. Protecting
of forest habitat, conservation of natural
resources and regulations of coastal zones
form an important part of the study.
The problem of environmental protection is
as old as the evolution of homo sapiens on
this planet. With the development of science
and technology and with the ever-increasing
world population, came tremendous changes
in the human environment. These changes
upset the Eco-laws of nature, thereby shaking
the balance of human life. It, therefore,
became necessary to regulate the human
behaviour and social transactions with new
laws, designed  to   suit the  changing
conditions and values. In order to manage
and face the countless challenges of the ever-
changing environment, a new branch of law
known as environmental law, emerged. There
are a host of laws in India relating to the
subject Environment. The environment
1 P. Leelakrishnan, Environmental Law in India, 1
(Ed. 5, 2019)
2 Ibid

(protection) Act, 1986 (EPA in short) is an
umbrella legislation that granted a plethora of
rules, regulation, notifications and orders and
facilitated delegations of powers of central
govt. to various other agencies of the centre
and the states. Procedural strategies for the
environmental decision making process, for
example environmental impact assessment
and public hearing have been evolve under
the rule making power of the executive also
called as delegated legislation2.
Rapid expansion in industrial, infrastructure
and  transportation  sectors as well as
increasing urbanisation have put pressures on
our resources available in Nature. The risk to
'Human Health' and 'Environment' has
become a matter of concern. And therefore,
to tackle this concern, there has been
noticeable increase in environment related
litigation. The  Law   Commission    has
recommended     the    establishing  the
environmental courts having both original
and   appellate  jurisdiction  relating  to
environmental laws. And     therefore, in
accordance with that it has been decided to
enact a law to provide for the establishment
of the National Green Tribunal for effective
and expeditious disposal of civil cases
relating to environmental protection and
conservation of forests and other natural
resources including enforcement of any legal
right relating to environment3.
1.1 Significance of Study:
The Law Commission has recommended the
establishing the environmental courts having
both original and appellate jurisdiction
relating  to  environmental  laws.  And
therefore, in accordance with that it has been
3 The National Green Tribunals Act, 2010, available
at National_Green_Tribunal_Act,_2010.pdf
(greentribunal.gov.in), last seen on 12/11/2021

www.supremoamicus.org

PIF 6.242

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