National Green Tribunal (NGT) - Meaning, Powers, Jurisdiction, Key Cases, Challenges

National Green Tribunal (NGT) for UPSC: Meaning, Powers, Jurisdiction, Key Cases, Challenges and Current Updates

For UPSC aspirants, National Green Tribunal UPSC is a high-value topic because it sits at the intersection of Environment, Polity, Governance and current affairs. In Prelims, questions often test basics like the NGT Act, jurisdiction, composition, principles (polluter pays, precautionary principle), limitation periods and which laws fall under its purview. In Mains (GS-3 and sometimes GS-2), NGT becomes a case-study for environmental governance: how India delivers environmental justice, balances development with ecology, and enforces compliance through specialised adjudication.

1. Historical Background: Why NGT Was Created

1.1 The idea behind a specialised environmental tribunal

Environmental disputes are rarely "simple legal disputes". They usually involve technical questions: impact on air and water quality, EIA compliance, forest diversion, ecological carrying capacity, waste management, biodiversity, and public health. Regular courts can handle such matters, but they face two limitations: (i) heavy pendency, and (ii) the need for multidisciplinary expertise. NGT was created to fill this gap by combining judicial members with expert members so that scientific and technical evaluation becomes part of decision-making.

1.2 International and constitutional context

The NGT Act's background clearly links India's move to global environmental commitments such as the Stockholm Conference (1972) and the Rio Conference (1992), especially the emphasis on access to judicial/administrative remedies and liability/compensation frameworks. The Act also reflects India's constitutional evolution where the right to a healthy environment is read into Article 21 (Right to Life).

1.3 NGT Act, 2010 and commencement

The National Green Tribunal Act, 2010 (Act No. 19 of 2010) provides the statutory base for NGT. The Tribunal was established with effect from 18 October 2010 through a Central Government notification.

1.4 What changed after NGT came in?

Before NGT, environmental matters were largely addressed through High Courts/Supreme Court (writ/PIL jurisdiction) and certain sectoral appellate bodies (e.g., National Environment Appellate Authority). The NGT Act provides for transfer of relevant environmental cases and also contributed to streamlining appellate pathways under major environmental laws.

Related reading for aspirants: Environmental Impact Assessment (EIA)

2. Composition of NGT: Chairperson, Judicial Members and Expert Members

2.1 Structure and number of members

As per the NGT Act, the Tribunal consists of a full-time Chairperson, and a notified strength of Judicial Members and Expert Members. The Act provides that there shall be not less than 10 and up to 20 Judicial Members and not less than 10 and up to 20 Expert Members (full time), as notified by the Central Government.

2.2 "Equal strength" rule in hearings

A unique feature is that when a case is heard, the number of Expert Members in the bench must be equal to the number of Judicial Members hearing that matter. This ensures that scientific/technical expertise is not "optional" but structurally built into adjudication.

2.3 Qualifications

Chairperson / Judicial Member: A person is qualified if they are or have been a Judge of the Supreme Court or a Chief Justice of a High Court; and a High Court Judge is also eligible to be appointed as a Judicial Member.

Expert Member: The Act prescribes two broad routes—(i) advanced science/engineering qualifications with long experience in relevant environmental/forest fields, or (ii) long administrative experience including substantial work in environmental matters.

2.4 Tenure, age limits and cooling-off

Under the original Act framework, members hold office for a fixed term and are not eligible for reappointment; the Act also sets age caps (including for different categories) and includes safeguards such as restrictions on post-tenure employment with parties who appeared before the Tribunal.

2.5 Appointment process

The Chairperson is appointed by the Central Government in consultation with the Chief Justice of India. Judicial and Expert Members are appointed based on recommendations of a selection mechanism, as prescribed.

2.6 Where does NGT sit?

India has a Principal Bench and zonal benches. The Principal Bench is in New Delhi and zonal benches are at Kolkata, Bhopal, Chennai and Pune.

3. Jurisdiction of NGT: Original, Appellate and Territorial Scope

3.1 Original jurisdiction (Section 14): "Substantial question relating to environment"

NGT has jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment) is involved, and such question arises out of the implementation of laws listed in Schedule I of the Act.

3.2 Limitation period for Section 14

Applications under Section 14 must be filed within 6 months from the date the cause of action first arose; a further extension up to 60 days may be allowed if sufficient cause is shown.

3.3 Relief and compensation jurisdiction (Section 15 and 17)

NGT can grant (i) relief and compensation to victims of pollution/environmental damage, (ii) restitution of damaged property, and (iii) restitution of the environment. Claims under Section 15 generally must be filed within 5 years (extendable by up to 60 days for sufficient cause).

Section 17 establishes liability to pay relief/compensation in specified cases, and the Act allows NGT to apply the no-fault principle in accident situations.

3.4 Appellate jurisdiction (Section 16): What orders can be appealed?

NGT hears appeals against specific orders/decisions/directions made under key environmental laws, including Water, Air, Forest Conservation, Environment Protection (including directions under Section 5), environmental clearance decisions, and benefit-sharing determinations under the Biological Diversity Act.

3.5 Limitation period for appeals (Section 16)

An appeal must ordinarily be filed within 30 days from communication of the order; an extension up to 60 days may be allowed for sufficient cause.

3.6 Territorial scope

The Central Government notifies the ordinary place(s) of sitting and the territorial jurisdiction for each place of sitting. Practically, the zonal bench structure ensures nationwide coverage.

4. Powers of NGT: Orders, Enforcement, Penalties and Suo Motu Action

4.1 Procedure: flexible, but grounded in natural justice

NGT is not bound by the Code of Civil Procedure, 1908 and is guided by the principles of natural justice. It is also not bound by strict rules of evidence under the Indian Evidence Act, 1872. This makes NGT proceedings faster and more problem-solving in nature.

4.2 Civil court-like powers (Section 19)

For discharging its functions, NGT has powers similar to a civil court: summoning persons, requiring documents, receiving evidence on affidavit, issuing commissions, reviewing its decisions, passing interim orders (injunction/stay), and issuing cease-and-desist type directions to prevent ongoing violations.

4.3 Time-bound mandate: disposal within 6 months

The Act expects applications/appeals to be dealt with expeditiously and the Tribunal should endeavour to dispose of matters finally within six months from the date of filing (after hearing parties).

4.4 Execution and recovery

NGT's awards/orders are executable as a decree of a civil court. If the liable person fails to pay, the amount can be recovered like arrears of land revenue/public demand (without prejudice to prosecution).

4.5 Penalties for non-compliance (Section 26)

Failure to comply with an order/award/decision of NGT can lead to imprisonment up to 3 years or fine up to ₹10 crore, or both; continuing contravention attracts additional per-day fines. For companies, the fine can extend up to ₹25 crore with further per-day fines for continued non-compliance.

4.6 Bar of civil court jurisdiction

The Act bars civil courts from entertaining matters which fall within NGT's appellate jurisdiction or which relate to disputes/claims that NGT can adjudicate; civil courts also cannot grant injunctions in such matters.

4.7 Suo motu powers: Can NGT act on its own?

A major practical development is that the Supreme Court has recognised that NGT can exercise suo motu jurisdiction, allowing it to take cognisance of environmental issues even without a formal complainant, including on the basis of letters/representations or credible media reports.

5. Principles Applied by NGT: Sustainable Development, Precautionary Principle, Polluter Pays

The NGT Act mandates that while passing any order/decision/award, the Tribunal shall apply the principles of sustainable development, the precautionary principle and the polluter pays principle.

5.1 Sustainable Development

This principle accepts that development is necessary, but it must not destroy ecological foundations for future generations. In NGT's reasoning, it often appears as a "balancing exercise": allowing projects only with safeguards, mitigation, monitoring, and compliance with clearance conditions.

5.2 Precautionary Principle

Precaution means: when there is a threat of serious or irreversible environmental harm, lack of full scientific certainty should not be used as a reason to postpone preventive measures. In practical terms, NGT may pause activities, demand additional studies, or impose strict conditions if the risk is high and uncertainties exist.

5.3 Polluter Pays Principle

Polluter pays means: the entity responsible for pollution or ecological damage should bear the cost of prevention, control, remediation, and compensation. This supports NGT's approach of levying environmental compensation and ordering restoration measures, not merely issuing warnings.

Related reading for quick revision: Environmental Principles (Polluter Pays & Precautionary)

6. Environmental Laws Under NGT's Purview: Schedule I and What It Means

NGT's original jurisdiction (Section 14) and major remedial powers revolve around the enactments specified in Schedule I. The Schedule I list is crucial for Prelims because UPSC often asks "which Acts are covered/not covered".

6.1 Schedule I: The seven core laws

• 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

6.2 Why "Schedule I" is a big deal

NGT can entertain disputes/claims only when the environmental question arises from implementation of these listed laws. This is also why some environment-related matters may still go to High Courts/Supreme Court (writ jurisdiction) or other forums if they are outside Schedule I.

6.3 NGT and Environmental Clearance (EC) appeals

Even though "EIA Notification" is not a separate Act, environmental clearances are issued under the Environment (Protection) Act, 1986 framework. The NGT Act explicitly includes appeals related to granting/refusal of environmental clearance.

Related reading: Biological Diversity Act, 2002

7. Landmark NGT Cases and Judgments (UPSC-Friendly Notes)

7.1 Art of Living Foundation and Yamuna Floodplains (World Culture Festival)

In the Yamuna floodplain matter linked to the 2016 "World Culture Festival", the NGT imposed an initial environmental compensation of ₹5 crore on the Art of Living Foundation for ecological damage due to construction activity on the floodplains. This case is frequently cited to illustrate polluter pays and the "restoration + compensation" approach.

• Prelims takeaway: NGT can impose environmental compensation; it is not only an advisory body.
• Mains takeaway: Environmental governance needs ex-ante prevention (EIA compliance) and ex-post remediation (restoration + compensation).

7.2 Ganga rejuvenation and sewage treatment timelines

NGT has repeatedly monitored Ganga pollution, focusing on untreated sewage, timelines for sewage treatment plants (STPs), and compliance by states and authorities. Orders have emphasised adherence to timelines and accountability mechanisms.

• Prelims takeaway: River pollution matters can fall under Water Act / Environment Protection Act pathways covered by NGT.
• Mains takeaway: NGT often uses "continuous mandamus" style monitoring through committees and periodic compliance reports.

7.3 Delhi air pollution and dust control measures

Delhi's air pollution litigation has seen NGT monitoring dust pollution from construction and allied sources, and pushing compliance through pollution control authorities.

• Prelims takeaway: NGT can pass interim and preventive directions; it is not confined to compensation only.
• Mains takeaway: Environmental adjudication is strongly linked to implementation capacity of local bodies and pollution control institutions.

7.4 Mining and environmental compliance (including sand mining and quarrying issues)

Mining-related disputes commonly come before NGT, especially where illegal mining causes damage to land, water sources and ecology. NGT handles such issues through the environmental law framework (clearance conditions, forest diversion, pollution control norms) and can order cessation, remediation, and penalties where needed.

8. NGT vs High Courts and Supreme Court: Who Does What?

UPSC often tests whether NGT "replaces" constitutional courts. It does not. NGT is a statutory tribunal with specialised jurisdiction. High Courts and the Supreme Court have constitutional powers (Articles 226/32) that are broader. However, the NGT Act does create a bar on civil courts for matters within NGT's domain, and it provides a direct appeal route to the Supreme Court for NGT orders.

9. Challenges and Limitations of NGT

9.1 Vacancies and capacity constraints

Like many tribunals, NGT's effectiveness depends on timely appointments of members and adequate staffing. The government periodically issues vacancy circulars to fill Judicial and Expert Member posts. For example, MoEFCC issued a vacancy circular dated 17 September 2025 for 5 posts each of Judicial Member and Expert Member, reflecting continuing staffing needs.

9.2 Pendency and workload

Even though the Act expects disposal within six months, real-world pendency can remain high due to volume, complexity, and compliance monitoring requirements. The NGT's own case-statistics pages indicate total pending cases in the 5,000+ range during 2025.

9.3 Enforcement gap: "Order passed" vs "Order implemented"

NGT can issue strong directions and impose penalties, but implementation often depends on state departments, local bodies, pollution control boards, and project authorities. Delays, weak monitoring, and lack of coordination can reduce ground-level impact. This is why NGT often constitutes joint committees and asks for repeated compliance reports.

9.4 Limited jurisdiction to Schedule I laws

NGT's original jurisdiction is linked to Schedule I enactments. If an environmental issue is outside these laws, NGT may face jurisdictional limits (though issues often overlap and may still come under Environment Protection Act or Forest Conservation Act in practice). For Prelims, remember: not every environment-related law is directly under NGT's original jurisdiction.

9.5 "Development vs environment" criticism

Critics sometimes argue that strict interventions delay infrastructure and industrial growth. Supporters argue that environmental compliance is not anti-development; it is essential for sustainable growth, public health, disaster resilience, and long-term economic stability. In Mains answers, a balanced approach works best: acknowledge legitimate delays, but stress that poor compliance creates larger social costs (health burden, floods, water scarcity, loss of livelihoods).

10. Significance and Achievements of NGT

• Specialised environmental justice: NGT is designed for faster, expert-driven resolution of environmental disputes.
• Relief + restitution: Unlike many forums that stop at declaring illegality, NGT can order compensation and environmental restoration.
• Principle-based adjudication: Mandatory application of sustainable development, precaution and polluter pays gives a strong normative base.
• Deterrence: Strong statutory penalties for non-compliance increase the cost of ignoring environmental orders.
• Reduced burden on constitutional courts: NGT acts as a specialised first forum for many categories of environmental litigation, while constitutional courts remain available for broader constitutional issues.

Related reading: Air Pollution and NCAP/GRAP and River Pollution (Ganga-Yamuna)

11. Recent Developments and Reforms (Exam-Relevant)

11.1 Suo motu power clarified by Supreme Court

The Supreme Court has clarified NGT's capacity to initiate proceedings on its own motion, strengthening its ability to respond to emerging environmental harms quickly, including those highlighted through credible reports.

11.2 Tribunal reforms and independence concerns

Tribunal governance in India has seen continuing reforms and litigation over tenure, service conditions, and appointment processes. In November 2025, the Supreme Court struck down certain provisions of the Tribunals Reforms Act, 2021 framework and reiterated that reforms must protect independence and comply with binding precedent; it also again highlighted the need for structural safeguards such as a national commission for tribunals.

11.3 Ongoing recruitment to fill vacancies

The MoEFCC vacancy circular (September 2025) for Judicial and Expert Members shows the continuing effort to fill posts and also reflects the post-reform regime governing qualifications/tenure through the tribunal reforms framework.

11.4 Current leadership (useful for interviews and current affairs context)

Justice Prakash Shrivastava was appointed as Chairperson of the National Green Tribunal on 21 August 2023.

11.5 Procedural updates

Rules and procedures of NGT have been amended from time to time, including practice/procedure-related amendments (notably reflected in official rule updates in recent years).

12. Quick Facts (Prelims Revision)

• NGT is a statutory tribunal under the National Green Tribunal Act, 2010.
• Established with effect from 18 October 2010.
• Bench composition integrates Judicial Members + Expert Members.
• Strength: 10–20 Judicial and 10–20 Expert members (as notified), plus a Chairperson.
• In hearings, Expert Members must be equal in number to Judicial Members.
• Original jurisdiction is on civil cases with a substantial environmental question arising from Schedule I laws.
• Limitation: Section 14 applications within 6 months (+60 days).
• Appeal to Supreme Court against NGT orders within 90 days.
• NGT applies sustainable development, precautionary principle, polluter pays by statute.
• Non-compliance can attract imprisonment up to 3 years or fine up to ₹10 crore (higher for companies).

14. MCQs for Prelims Practice (6)

1. With reference to NGT, consider the following statements:

   • A. NGT is a constitutional body under Article 32.
   • B. NGT is established under the National Green Tribunal Act, 2010.
   • C. NGT deals only with criminal environmental offences.
   • D. NGT can entertain disputes under any environmental law without restriction.

   Which option is correct?

2. NGT's original jurisdiction (Section 14) is primarily over:

   • A. All criminal cases related to wildlife offences
   • B. Civil cases involving substantial environmental questions arising from Schedule I laws
   • C. Any dispute related to land acquisition
   • D. Only inter-state river water sharing disputes

3. Which of the following principles are statutorily mandated for NGT while passing orders?

   • A. Sustainable development, precautionary principle, polluter pays principle
   • B. Absolute immunity principle, estoppel, res judicata
   • C. Laissez-faire principle, market efficiency principle, caveat emptor
   • D. None of the above

4. Appeal against an NGT award/order lies to the Supreme Court within:

   • A. 30 days
   • B. 60 days
   • C. 90 days
   • D. 180 days

5. Which of the following Acts is included in Schedule I of the NGT Act, 2010?

   • A. Wildlife (Protection) Act, 1972
   • B. Biological Diversity Act, 2002
   • C. Indian Forest Act, 1927
   • D. Forest Rights Act, 2006

6. Failure to comply with NGT's order can attract:

   • A. Only advisory warning
   • B. Imprisonment up to 3 years and/or fine up to ₹10 crore (higher for companies)
   • C. Automatic dissolution of the violating company
   • D. Only contempt proceedings in High Court

Answer Key: 1-B, 2-B, 3-A, 4-C, 5-B, 6-B

15. Conclusion: Exam-Ready Wrap-up

The National Green Tribunal is one of India's most important institutional innovations for environmental governance. It operationalises environmental rights through speedy, expert-driven adjudication, applies globally recognised principles like sustainable development and polluter pays, and provides remedies that go beyond "stop" orders to include compensation and ecological restoration. For National Green Tribunal UPSC preparation, focus on: the NGT Act's core provisions (Sections 14–22, Schedule I), the three principles, limitation periods, appeal route, and a few landmark case themes. In Mains, present NGT as a governance tool: strong on adjudication and directions, but dependent on administrative capacity for implementation—making "institution + enforcement ecosystem" the real success formula.