Evaluate the impact of the National Green Tribunal’s exclusion of certain key environmental laws, such as the Wildlife (Protection) Act, 1972, on its efficiency and overall effectiveness in environmental governance.
The National Green Tribunal (NGT) has significantly influenced India’s environmental governance since its inception in 2010. Tasked with expedient resolution of cases pertaining to environmental laws, it supports the enforcement of several critical acts. However, the exclusion of key legislations like the Wildlife (Protection) Act, 1972, from its jurisdiction potentially diminishes its capability in fostering a comprehensive environmental justice system.
- The exclusion leads to a fragmented legal approach towards environmental issues. Wildlife protection is intrinsically linked to broader environmental concerns such as habitat conservation, biodiversity, and forest rights. Without the authority to adjudicate matters under the Wildlife (Protection) Act, the NGT’s role in addressing these interconnected issues is limited.
- This limitation complicates the resolution process. Cases that involve aspects of wildlife law must be addressed in different judicial bodies, which could lead to inconsistencies in the interpretation of related environmental laws and delay the resolution of urgent environmental damage.
- Moreover, splitting jurisdiction between different courts increases the legal burden on stakeholders and can dilute the holistic understanding of environmental matters, leading to less effective protections.
Thus, while the NGT has notably advanced environmental justice in India, its effectiveness is somewhat hampered by its narrowed jurisdiction. Expanding this to include key laws such as the Wildlife (Protection) Act could enhance its efficiency, ensuring a more unified and robust environmental governance framework.