ROLE OF NATIONAL GREEN TRIBUNAL AND CLIMATE CHANGE LITIGATION: POTENTIALS AND LIMITATIONS
Priya Karmakar Das, Dr. Asha Rameshchandra Tiwari
Ishan Law Journal, Vol. 4, No. 1 (2026)
Keywords:
Climate Change, Environmental Justice, Polluter Pays Principle, Precautionary Principle, Sustainable Development.
Abstract
The National Green Tribunal was created in 2010 and has the purpose of providing expeditious environmental justice and eventually becoming a significant judicial institution in the environmental field. The court makes rulings directly on a variety of climate-related cases (air pollution, deforestation, protection of the coastal areas, and violations of international climate treaties) in an effective way. The paper explores the National Green Tribunal and its performance by researching its strengths and weaknesses in its role to litigate climate change issues in India. It reviews various causative factors behind the nature of environmental issues which affect the climate system on Earth and trigger climate-change lawsuits. In the context of the Indian setting, the National Green Tribunal plays a prominent role in the system of regulations of climate governance. This paper critically analyses the power, role, strengths, and weaknesses of the National Green Tribunal in handling issues related to climate change through a qualitative literature review based on leading climate change litigations in India. In addition, the research will also provide recommendations, based on its performance examination, to alleviate the weaknesses noticed and enhance the performance of the Tribunal in litigation on climate.
| Authors | Priya Karmakar Das PhD Scholar, Kavayitri Bahinabai Chaudhari North Maharashtra University, Jalgaon Dr. Asha Rameshchandra Tiwari Professor, Ntvs's Law College, Nandurbar, Affiliated Under Kavayitri Bahinabai Chaudhari North Maharashtra University, Jalgaon |
|---|---|
| Full Text | |
| Published | |
| Issue | Vol.4 No. 01 (2026), ISHAN LAW JOURNAL |
| Downloads | 50 |
| How To Cite | Priya Kamakar Das & Dr. Asha Rameshchandra Tiwari (2026). ROLE OF NATIONAL GREEN TRIBUNAL AND CLIMATE CHANGE LITIGATION: POTENTIALS AND LIMITATIONS. Ishan Law Journal, 4(01). |
References
- Abhinav Bhattacharyya, National Green Tribunal and Environmental Justice Delivery - Dispensing Environmental Justice through Administrative process, SSRN (2023), https://ssrn.com/abstract=4488046.
- Arpitha Kodiveri, Climate Change Litigation in India, in Climate Change Litigation in the Asia-Pacific 364 (Jolene Lin & Douglas A. Kysar eds., 2022).
- A. Singh, Local Actions to Global Conversations: India’s Climate Justice Movement and the Expansion of Human Rights Framework, J. Hum. Rts. & Soc. Work (2025), https://doi.org/10.1007/s41134-025-00373-z.
- A. Singh & S. Dimri, Environment Justice and Role of National Green Tribunal in India: An Analysis (2024).
- Diksha & Ashwani Kumar Yadav, National Green Tribunal An Access to Justice Mechanism: A Comparative Analysis (2025).
- Harpreet Kaur & Rajesh Kumar, India and Climate Changes: A Study of Legal Framework, 7 Legal Rsch. Dev. 27 (2023).
- IPCC, Climate Change 2022: Impacts, Adaptation and Vulnerability (H.-O. Pörtner et al. eds., 2023).
- K.P. Vyas & M.H. Pandya, Role of National Green Tribunal and Environmental Justice: Retrospect and Prospect (2021).
- Manoj Kumar, Role of National Green Tribunal in Forest Conservation: An Analysis, 148 Indian Forester 331 (2022).
- P. Pooja, Laws and Institutions Relating to Environmental Protection in India: Challenges for Enforcement, 10 J. Surv. Fisheries Scis. 1 (2025).
- R. Tomar & A.P. Bhanu, Role of the National Green Tribunal in Balancing the Economic and Legal Dimensions of Sustainable Development (2024).
- Ting Feng et al., Synergies of Air Pollution Control Policies: A Review, 377 J. Env't Mgmt. 124655 (2025).
