National Green Tribunal
- The National Green Tribunal (NGT) is a specialized judicial body established under the National Green Tribunal Act, 2010 to ensure effective and expeditious disposal of cases relating to environmental protection, conservation of forests and other natural resources, and enforcement of legal rights relating to the environment.
- It was established on on 18.10.2010.
- The National Green Tribunal Act, 2010 under Section 19 gives the Tribunal power to regulate its own procedure.
- The Tribunal is not bound by procedure under the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872 and is guided by principles of natural justice.
- The Tribunal is vested with the powers of a civil court under the Code of Civil Procedure for discharging its functions.
- The Tribunal is mandated to make and endeavour for disposal of applications or appeals finally within 6 months of filing of the same.
- New Delhi is the Principal Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other four place of sitting of the Tribunal.
Why NGT was created ?
Traditional courts were overloaded and environmental matters need technical expertise and speedy relief. NGT provides time-bound, expert-led adjudication, reduces litigation costs, and improves compliance with environmental laws.
Composition
- The Tribunal is headed by the Chairperson who sits in the Principal Bench.
- Judicial Members – at least 10, and not more than 20 Judicial Members.
- The exact number of Judicial Members in the NGT is decided and notified by the Central Government from time to time.
- Expert Members – at least 10, and not more than 20 Expert Members.
- The exact number of Judicial Members in the NGT is decided and notified by the Central Government from time to time.
- The Chairperson of the Tribunal may, if considered necessary, invite any one or more person having specialised knowledge and experience in a particular case before the Tribunal to assist the Tribunal in that case.
Qualifications for appointment of Chairperson, Judicial Member and Expert Member.
- Chairman: A judge of the Supreme Court of India or Chief Justice of a High Court is eligible to become Chairperson of the NGT.
- Judicial Members: A judge of the Supreme Court of India, Chief Justice of a High Court, an existing judge of a High Court, or a retired judge of a High Court is eligible to be appointed as a Judicial Member of the tribunal.
- Expert Member:
- Academic Qualification & Technical Experience Route :
- Must have a Master of Science (in Physical Sciences or Life Sciences) with a Doctorate, OR a Master of Engineering / Master of Technology.
- Must have 15 years’ experience in the relevant field.
- Within these, at least 5 years of practical experience must be in the environmental domain, such as:
- Pollution control
- Hazardous substance management
- Environmental Impact Assessment (EIA)
- Climate change management
- Biological diversity management
- Forest conservation
- Experience must be in a reputed National level institution.
- Administrative Experience Route (Clause b):
- Must have 15 years’ administrative experience.
- Within this, at least 5 years’ experience must be in dealing with environmental matters.
- Experience can be in the Central Government, State Government, or a reputed National or State level institution.
Restrictions on Holding Office & Post-Tenure Employment
- During Tenure
- The Chairperson, Judicial Member, and Expert Member of the Tribunal cannot hold any other office while serving in the Tribunal.
- After Ceasing to Hold Office
- For 2 years after leaving the Tribunal, the Chairperson and other Judicial/Expert Members cannot accept employment connected with the management or administration of any person who was a party to a proceeding before the Tribunal under this Act.
- Exception
- This restriction does not apply to employment in:
- Central Government
- State Government
- Local authority
- Statutory authority
- Corporation established by or under any Central, State, or Provincial Act
- Government company as defined in Section 617 of the Companies Act, 1956
Powers and Jurisdiction of National Green Tribunal (NGT)
- Chairman: A judge of the Supreme Court of India or Chief Justice of a High Court is eligible to become Chairperson of the NGT.
- Judicial Members: A judge of the Supreme Court of India, Chief Justice of a High Court, an existing judge of a High Court, or a retired judge of a High Court is eligible to be appointed as a Judicial Member of the tribunal.
- Expert Member:
- Academic Qualification & Technical Experience Route :
- Must have a Master of Science (in Physical Sciences or Life Sciences) with a Doctorate, OR a Master of Engineering / Master of Technology.
- Must have 15 years’ experience in the relevant field.
- Within these, at least 5 years of practical experience must be in the environmental domain, such as:
- Pollution control
- Hazardous substance management
- Environmental Impact Assessment (EIA)
- Climate change management
- Biological diversity management
- Forest conservation
- Experience must be in a reputed National level institution.
- Administrative Experience Route (Clause b):
- Must have 15 years’ administrative experience.
- Within this, at least 5 years’ experience must be in dealing with environmental matters.
- Experience can be in the Central Government, State Government, or a reputed National or State level institution.
Restrictions on Holding Office & Post-Tenure Employment
- During Tenure
- The Chairperson, Judicial Member, and Expert Member of the Tribunal cannot hold any other office while serving in the Tribunal.
- After Ceasing to Hold Office
- For 2 years after leaving the Tribunal, the Chairperson and other Judicial/Expert Members cannot accept employment connected with the management or administration of any person who was a party to a proceeding before the Tribunal under this Act.
- Exception
- This restriction does not apply to employment in:
- Central Government
- State Government
- Local authority
- Statutory authority
- Corporation established by or under any Central, State, or Provincial Act
- Government company as defined in Section 617 of the Companies Act, 1956
Appointment of Chairperson, Judicial Member and Expert Member.
- The Chairperson is appointed by the Central Government in consultation with the Chief Justice of India (CJI).
- Judicial Members and Expert Members are appointed by a Selection Committee shall be formed by the Central Government for this purpose.
Term of Office & Age Limits – Chairperson, Judicial Member, Expert Member
- Term of Office
- All: Hold office for 5 years from the date of entering office.
- Re-appointment: Not eligible.
- Age Limits (Maximum Age Cap)
- Chairperson/Judicial Member – Supreme Court Judge: Up to 70 years.
- Chairperson/Judicial Member – Chief Justice of High Court: Up to 67 years.
- Judicial Member – High Court Judge: Up to 67 years.
- Expert Member: Up to 65 years.
Powers and Jurisdiction of National Green Tribunal (NGT)
The National Green Tribunal (NGT) has been vested with the power to hear all civil cases relating to environmental issues and questions that are linked to the implementation of laws which are listed in Schedule I of the National Green Tribunal Act of 2010 which includes the following:
- The Water (Prevention and Control of Pollution) Act, 1974.
- The Water (Prevention and Control of Pollution) Cess Act, 1977.
- The Forest (Conservation) Act, 1980.
- The Air (Prevention and Control of Pollution) Act, 1981.
- The Environment (Protection) Act, 1986.
- The Public Liability Insurance Act, 1991.
- The Biological Diversity Act, 2002.
Appeals
- The Tribunal has powers to review its own decisions.
- If the aggrieved party is not satisfied, the order of the National Green Tribunal can be challenged before the Supreme Court within ninety days of its issue.
- Appeal against Orders of the Tribunal
- Right to Appeal
- Who can appeal: Any person aggrieved by an award, decision, or order of the Tribunal.
- Forum
- Appeal lies directly to the Supreme Court of India.
- Time Limit
- Must be filed within 90 days from the date of communication of the award/decision/order.
- Grounds
- Appeal can be made on any one or more grounds specified in Section 100 of the Code of Civil Procedure, 1908 (grounds for second appeal, usually involving substantial questions of law).
- Extension of Time
- Supreme Court may allow appeal after 90 days if sufficient cause is shown for the delay.
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Significance of the National Green Tribunal (NGT)
- Specialised Environmental Adjudication
- First body in India exclusively dedicated to environmental disputes.
- Ensures speedy disposal compared to regular courts.
- Enforcing the “Polluter Pays” & “Precautionary” Principles
- Implements core environmental law doctrines effectively.
- Holds violators accountable and mandates restoration measures.
- Access to Justice for Environmental Matters
- Provides an affordable and specialised forum for individuals, NGOs, and communities to seek redressal.
- Encourages public participation in environmental governance.
- Speed & Efficiency
- Mandated to decide cases within 6 months, reducing pendency in High Courts/Supreme Court on environmental issues.
- Expert-Driven Decisions
- Bench includes Judicial Members & Expert Members (scientists, environmental specialists), ensuring technically sound judgments.
- Strengthening Environmental Governance
- Works as a check on both public and private actors.
- Enhances accountability of government agencies in implementing environmental laws.
- Contribution to Sustainable Development
- Balances development needs with environmental protection.
- Influences policy through landmark rulings (e.g., waste management, industrial pollution, biodiversity protection).
- Compliance with International Commitments
- Supports India’s obligations under conventions like Rio Declaration, Convention on Biological Diversity, and Paris Agreement by enforcing domestic environmental laws.
Criticism of the National Green Tribunal (NGT)
- Limited Jurisdiction
- Cannot hear matters relating to Wildlife (Protection) Act, 1972 and Indian Forest Act, 1927.
- Appeals in such cases must go to regular courts, leading to fragmentation.
- Restricted Access
- Only “persons aggrieved” can approach; public-spirited citizens may face procedural hurdles.
- Strict limitation period of 6 months for filing applications can prevent genuine grievances.
- Lack of Pan-India Presence
- Principal bench in Delhi with few zonal benches → accessibility issues for remote regions.
- Physical hearings often centralised, limiting participation from affected local communities.
- Non-compliance with Orders
- NGT lacks strong enforcement mechanisms; many orders remain unimplemented by state authorities.
- Allegations of Judicial Overreach
- Sometimes criticised for overstepping into policy-making (e.g., bans, detailed operational directions to authorities).
- Inadequate Human & Financial Resources
- Shortage of judicial and expert members → case pendency increases.
- Budgetary constraints affect its functioning and research capacity.
The NGT has emerged as a crucial institution in strengthening India’s environmental governance by providing speedy, expert-driven, and accessible justice. However, to fully realise its potential as a guardian of sustainable development, it needs wider jurisdiction, adequate resources, stronger enforcement powers, and deeper integration with local communities. Strengthening the NGT will not only ensure effective implementation of environmental laws but also help India balance its development ambitions with ecological preservation in line with constitutional mandates under Articles 21, 48A, and 51A(g).
FAQs
Q1. What is the National Green Tribunal (NGT)?
The NGT is a specialised judicial body established under the National Green Tribunal Act, 2010 to handle cases relating to environmental protection, conservation of forests, and natural resources.
Q2. When was the NGT established?
It was established on 18 October 2010.
Q3. Where is the principal bench located?
Principal Bench – New Delhi.
Zonal Benches – Bhopal, Pune, Kolkata, Chennai.
Q4. What is the composition of the NGT?
Q5. What laws fall under NGT’s jurisdiction?
Covers matters under:
Environment (Protection) Act, 1986
Air (Prevention and Control of Pollution) Act, 1981
Water (Prevention and Control of Pollution) Act, 1974
Forest (Conservation) Act, 1980
Biological Diversity Act, 2002
Public Liability Insurance Act, 1991
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (in some cases)
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