In its seven years of existence, the National Green Tribunal has made a name as one of the most proactive and independent environmental courts in the world. From the previous UPA government to the current NDA one, the NGT has exercised its free hand to check against environmentally unfriendly policies.
Banning old diesel cars? Check. Shifting toxic tanneries from the banks of the Ganges? Check. Cancelling forest clearance for Adani coal mines in Chhatisgarh? Check.
With the powers of a civil court, the NGT decisions can only be appealed to the Supreme Court. It’s no lightweight in the ring. Constituted by a panel of scientific and technical experts, the NGT has a unique track record. But as Gitanjali Nain Gill predicted in a 2015 Cambridge article, the agency’s own success was setting it up for a Thucydides trap with the Centre.
The Finance Act of 2017 was a political masterstroke at undermining the NGT. As a money bill, it can be passed through Parliament without the consent of the Upper House – where the ruling party does not enjoy a majority. Under the guise of money matters, the bill pushed through new regulations on Aadhar, political funding and the power of the Centre to fund, appoint or delete tribunal members.
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