인도 환경법원의 도입에 대한 법적 고찰: 국가녹색재판소의 출현

There are very few countries including Australia and New Zealand that sought to establish specialized environmental court. It appears in the other countries that momentum is moving towards such specialized environmental court to handle the increasing volume of environmental cases. In the context, the creation of National Green Tribunal(NGT) of India is new initiative for environmental justice and culmination of the emphatic suggestions of the indian higher judiciary and Law Commission of India. As consequences of the series of environmental disaster such as Bhopal tragedy in 1984, the Indian higher judiciary, especially the Supreme Court, has played the role of judicial activist in environmental enforcement and compliance. It is significant to note that judicial decisions have not only played decisive role in protecting the fundamental right to a wholesome environment, but also crystallized legal principles thorough activist interpretation which gradually took the form of a body of environmental law. In the context, judicial activist took advantages of the relaxation of Locus Standi to seek to judicial intervention to ensure protection of environmental right more than fundamental right to life in environmental public Interest litigation. As a result of ‘Judicial Activism’ and ‘Relaxation of Locus Standi’, it has created concerns in environmental litigation such as the rapidly increasing number of petitions, expensive and delayed disposal of petitions, complex technical and scientific issues, inconsistent approach by the courts based upon individual judicial preferences, unrealistic directions and the issue of creeping jurisdiction. The apex court required to solve such concerns that assistance of environmental scientific expert in environmental litigation and the recommendation for setting up of environmental court has remained the essential discussion for judgments of the Supreme Court and Law Commission of India. The effort of the Supreme Court and Law Commission of India resulted in enactment NGT Act of 2010. The NGT aims to adjudicate environmental protection and forest conservation cases in an effective and expeditious manner. NGT includes enforcement of any legal right relating to the environment together with available relief and compensation for damages to persons property and environment. NGT’s potential is being realized in terms of type and volume of cases coming before the tribunal. The ‘multi-faceted’ and ‘multi-skilled’ NGT with a wide jurisdiction and broader compensation and relief is gradually earning the reputation of being a ‘fast-track court’ and ‘quasi-judicial body.’ In spite of such positive initiatives, it still remains the need to remove the cobwebs in the NGT Act. In order to set the NGT firmly on the way of rendering fair and just adjudication of environmental dispute, existing gaps and shortcomings in the NGT Act will need to be filled. The NGT will play a leading role in environmental enforcement and compliance and will be a role model for enactment of similar tribunal in the other developing countries.