Sections 20 and 21 of the National Green Tribunal Act, 2010 form part of the provisions governing the jurisdiction, powers and proceedings of the Tribunal. Section 20 requires the Tribunal, while passing an order, decision or award, to apply the principles of sustainable development, the precautionary principle and the polluter pays principle. Section 21 provides that a decision by the majority of Members is binding and also specifies how an equally divided opinion is to be resolved.
Sustainable development broadly concerns integrating environmental protection with developmental needs. The precautionary principle supports preventive environmental decision-making where an activity poses a risk of environmental harm. The polluter pays principle places responsibility for pollution-related environmental costs upon the person responsible, subject to the applicable law and facts of the proceeding.
Section 20 of National Green Tribunal Act 2010 "Tribunal to apply certain principles"
The Tribunal shall, while passing any order or decision or award, apply the principles of sustainable development, the precautionary principle and the polluter pays principle.
Section 21 of National Green Tribunal Act 2010 "Decision to be taken by majority"
The decision of the Tribunal by majority of Members shall be binding:
Provided that if there is a difference of opinion among the Members hearing an application or appeal, and the opinion is equally divided, the Chairperson shall hear (if he has not heard earlier such application or appeal) such application or appeal and decide:
Provided further that where the Chairperson himself has
heard such application or appeal alongwith other Members of
the Tribunal, and if there is a difference of opinion among
the Members in such cases and the opinion is equally
divided, he shall refer the matter to other Members of the
Tribunal who shall hear such application or appeal and
decide.
Official resources
National Green Tribunal - Official Website
Section 3 Establishment of Tribunal
Section 4 Composition of Tribunal
Section 5 Qualifications for appointment of Chairperson, Judicial Member and Expert Member
Section 6 Appointment of Chairperson, Judicial Member and Expert Member
Section 9 Salaries, allowances and other terms and conditions of service
Section 10 Removal and suspension of Chairperson, Judicial Member and Expert Member
Section 11 To act as Chairperson of Tribunal or to discharge his functions in certain circumstances
Section 13 Financial and administrative powers of Chairperson
Section 14 Tribunal to settle disputes
Section 15 Relief, compensation and restitution
Section 16 Tribunal to have appellate jurisdiction
Section 17 Liability to pay relief or compensation in certain cases
Section 18 Application or appeal to Tribunal
Section 19 Procedure and powers of Tribunal