THE ROLE OF THE NATIONAL GREEN TRIBUNAL: MIRRORING AND DEPARTING FROM ICJ ENVIRONMENTAL JURISPRUDENCE

This article compares India's National Green Tribunal with the International Court of Justice in applying environmental law. It shows where the NGT mirrors the ICJ on the precautionary principle, polluter pays and sustainable development. It also shows where it departs, through broad standing, suo motu powers, strict liability and continuing supervision of cases. It then examines the limits on the NGT: statutory gaps, Supreme Court pushback and executive delay in appointments. It concludes that the NGT's flexibility is both its strength and its institutional vulnerability.