BALANCING INDUSTRIAL DEVELOPMENT AND ENVIRONMENTAL PROTECTION: THE ROLE OF THE NATIONAL GREEN TRIBUNAL IN INDIA IN LIGHT OF THE INDIAN CONSTITUTION
AUTHORS – AKHIL SHARMA* & DR. AVANTIKA MADHESIYA**
* FINAL YEAR LAW STUDENT, AMITY UNIVERSITY NODIA, UTTAR PRADESH, INDIA
** LAW FACULTY SUPERVISOR, AMITY UNIVERSITY NOIDA, UTTAR PRADESH, INDIA
BEST CITATION – AKHIL SHARMA & DR. AVANTIKA MADHESIYA, BALANCING INDUSTRIAL DEVELOPMENT AND ENVIRONMENTAL PROTECTION: THE ROLE OF THE NATIONAL GREEN TRIBUNAL IN INDIA IN LIGHT OF THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 980-994, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
This paper examines the evolution of environmental jurisprudence in India as a response to rapid industrialisation and its concomitant ecological challenges. India’s expansive economic growth has brought with it significant environmental degradation including air and water pollution, deforestation and depletion of natural resources which has necessitated a robust legal framework to safeguard public health and natural heritage.[1] The establishment of the National Green Tribunal (NGT) in 2010, under the National Green Tribunal Act 2010, marked a paradigm shift in environmental governance by creating a specialised forum dedicated to the expeditious resolution of environmental disputes.[2]
Central to the paper is an analysis of landmark judgments such as M.C. Mehta v Union of India and Vellore Citizens’ Welfare Forum v Union of India, which have reinterpreted Article 21 of the Indian Constitution to include the right to a healthy environment.[3] [4]These cases underpin critical principles like the polluter pays doctrine and the precautionary principal cornerstones that now guide the enforcement of environmental norms in industrial projects. Through these judicial interventions, the NGT has compelled industries to internalise the costs of environmental damage, thereby fostering more sustainable practices.
The paper further explores the operational and practical challenges faced by the NGT, such as bureaucratic delays, resource constraints and political interference. These impediments often dilute the effectiveness of judicial orders and highlight the need for enhanced inter-agency coordination and modernisation of regulatory infrastructure. To address these issues, the study proposes a series of policy recommendations aimed at streamlining administrative processes, increasing funding for technical monitoring and bolstering public participation in environmental governance.
Moreover, the analysis integrates quantitative assessments that demonstrate a correlation between the enforcement of NGT directives and improvements in key environmental indicators, such as reduced pollutant levels in affected regions. It also underscores the importance of adopting an interdisciplinary approach merging legal, economic, and environmental perspectives to address the multifaceted challenges of sustainable development in a rapidly industrialising nation.
[1] S N Mishra, Industrialisation in Colonial India: A Historical Perspective (Central Publications, Mumbai 2015) 45.
[2] National Green Tribunal Act 2010, Act No 19 of 2010.
[3] M.C. Mehta v Union of India [1987] AIR 1086, 1987 SCC (1) 395.
[4] Vellore Citizens’ Welfare Forum v Union of India [1996] 3 SCC 401.