The National Green Tribunal (NGT) is a specialized statutory body established on October 18, 2010, under the National Green Tribunal Act, 2010. It was created for the effective and expeditious disposal of cases relating to environmental protection, conservation of forests, and other natural resources. India is the third country in the world (after Australia and New Zealand) and the first developing nation to establish such a dedicated environmental tribunal.
Institutional Structure and Composition
The NGT operates through a decentralized structure to ensure accessibility across the country. Its Principal Bench is located in New Delhi, with four regional benches in Bhopal (Central), Pune (Western), Kolkata (Eastern), and Chennai (Southern).
Composition of the Tribunal
The NGT consists of a Chairperson, Judicial Members, and Expert Members.
- Chairperson: Appointed by the Central Government in consultation with the Chief Justice of India (CJI). Must be a retired Judge of the Supreme Court or a retired Chief Justice of a High Court.
- Members: The Act mandates a minimum of 10 and a maximum of 20 full-time Judicial Members and Expert Members each.
- Expert Members: Must possess a Master’s degree/Doctorate in Science/Engineering and have 15 years of experience in the relevant environmental field, including 5 years of administrative experience in environmental matters.
- Term: Members hold office for a term of five years and are not eligible for reappointment.
Jurisdiction and Legal Mandate
The NGT has the power to hear all civil cases where a substantial question relating to the environment is involved. This includes the enforcement of any legal right relating to the environment.
The Seven Scheduled Laws
The NGT’s jurisdiction is limited to civil cases arising under the following seven acts listed in Schedule I of the NGT Act:
- 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.
Major Jurisdictional Exclusions
Crucially, the NGT does not have jurisdiction over:
- The Wildlife (Protection) Act, 1972.
- The Indian Forest Act, 1927.
- The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA).
Powers and Principles of Adjudication
The NGT is not a typical civil court; it is a quasi-judicial body with unique procedural flexibility.
Key Legal Principles
While passing any order or award, the NGT is mandated to apply three core environmental principles:
- Sustainable Development: Balancing economic growth with environmental integrity.
- Precautionary Principle: Taking action to prevent environmental degradation even in the absence of scientific certainty.
- Polluter Pays Principle: Those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment.
Procedural Rules and Appeals
- Natural Justice: The NGT is not bound by the procedure laid down under the Code of Civil Procedure (CPC), 1908, or the Indian Evidence Act, 1872. It is guided by the Principles of Natural Justice.
- Time Bound: The Tribunal is mandated to make an endeavor to dispose of applications or appeals within 6 months of filing.
- Suo Motu Power: In a landmark 2021 ruling (Municipal Corporation of Greater Mumbai vs. Ankita Sinha), the Supreme Court confirmed that the NGT has suo motu (on its own motion) powers to take up environmental issues.
- Appeals: Any order/decision of the NGT can be challenged directly in the Supreme Court within 90 days.
Comparative Summary: NGT vs. Regular Civil Courts
| Feature | National Green Tribunal (NGT) | Regular Civil Courts |
| Primary Law | NGT Act, 2010 | Code of Civil Procedure, 1908 |
| Expertise | Includes Technical/Expert Members | Only Judicial Members |
| Evidence | Principles of Natural Justice | Strict Indian Evidence Act, 1872 |
| Suo Motu | Yes (confirmed by Supreme Court) | Generally No (except Constitutional Courts) |
| Speed | 6-month disposal goal | No fixed statutory timeline |
Recent Landmark Rulings and Trivia (2024-2026)
- Justice Prakash Shrivastava: Serving as the Chairperson (assumed office August 2023).
- Green Belt Preservation (2025): The NGT recently directed authorities in Greater Noida to remove all encroachments from notified green belts, emphasizing that master plan designations for green areas are sacrosanct.
- Endosulfan Disposal (2025): The Tribunal actively monitored the tracing and safe disposal of banned Endosulfan barrels in Kerala to prevent groundwater contamination.
- Penalty Powers: The NGT can impose a penalty of imprisonment up to 3 years or a fine up to ₹10 crore (for individuals) and ₹25 crore (for companies).
- International Context: India is the only country in the world where the specialized environmental tribunal has the power to involve technical experts as adjudicating members on the bench alongside judges.