Strengthening the NGT is in our interest

To develop sustainably , the tribunal’s independence should be non-negotiable

In a social media interaction last week, New Delhi-based Centre for Science and Environment’s director-general Sunita Narain said that if one had to pick the ‘2017 person of the year’, it would be the weather. She is spot on: From farmers’ distress to floods, drought, and air pollution, weatherrelated events dominated this year’s news cycle. With climate change and rapid urbanisation becoming regular features in our lives, these weather-related crises could increase in future, putting pressure on the country’s natural resources. In such trying times, it is critical that India ensures that its robust regulatory structures, such as the National Green Tribunal (NGT), are not weakened.

Despite the NGT’s good track record, there has been a concerted effort to scale down its operations. On December 3, the Supreme Court sought an explanation from the Centre regarding the non-filling of vacancies in the NGT’s principal and zonal benches. Due to non-filling of vacancies, according to the retirement dates of judges accessed by a national daily, there will only be three judicial members and two expert members left after February 12, 2018. The reason for the delay is the Centre’s decision to change the process of appointments to NGT: Now instead of a senior judge, its chairperson will be recommended by a five-member panel but a majority of the other members in the panel will be recommended by the environment ministry. The amendment could render the NGT ineffective for adjudicating on environmental disputes and protecting fundamental rights, say experts.

The strength of a democracy lies in the robustness of its institutions and people’s trust in them. The tribunal orders may not have been palatable to governments, past and present, but if we have to face the environmental crisis head-on, NGT’s continuation and independence should be non-negotiable.