HISTORICAL FOUNDATIONS OF THE NATIONAL GREEN TRIBUNAL: TRACING THE LEGAL AND INSTITUTIONAL ROOTS OF ENVIRONMENTAL JUSTICE IN INDIA

Povzetek

The introduction of the National Green Tribunal (NGT) in 2010 was a milestone in the administration of environmental issues in India in that it became the specialized body of adjudication of the complicated ecological issues. This paper follows the historical roots of the NGT, placing it in the context of the overall development of environmental justice in India. It studies constitutional and judicial precedent, particularly the extension of Article 21, the purpose of Public Interest Litigation and the development of environmental principles, most notably the polluter pays principle and sustainable development. The paper also examines institutional antecedents, such as restrictions in the National Environment Appellate Authority, which instigated pressure on the need to have a special tribunal. The article unravels the legislative history of the NGT Act, 2010, by unpacking the history and analyzing the early jurisprudence of the Tribunal, and how the institutionalization of legal innovation became the response to the increasing environmental challenges.

Simultaneously, the paper critically addresses institutional tensions, including gaps in enforcement, reliance on the executive, overlaps with constitutional courts in jurisdiction and federal dynamics that make implementation difficult. Based on Australian, New Zealand, Pakistan and Philippine experience of environmental courts, a comparative view highlights the lessons on judicial independence, participatory mechanisms and consistency with international obligations.