National Green Tribunal (NGT) – Powers and Functions (UPSC Notes for ClarityUPSC)
Environmental issues in India are not only about forests, wildlife, rivers, and pollution. They are also about people's health, livelihoods, public infrastructure, climate risks, and inter-generational equity. Over time, courts started receiving a very large number of environmental disputes, where decisions needed both legal reasoning and scientific understanding. To create a fast, specialised, and expert-driven forum for such matters, Parliament enacted the National Green Tribunal Act, 2010, and the National Green Tribunal (NGT) was established on 18 October 2010 through a Central Government notification.
The NGT matters for UPSC because it sits at the intersection of Polity (tribunals, judicial review, natural justice), Environment (EIA, pollution control, conservation), Governance (regulators, compliance), and Economy (development vs sustainability). In Prelims, it is asked through features, jurisdiction, time limits, principles like "polluter pays". In Mains, it is asked through performance evaluation, challenges, reforms, and landmark interventions.
Definition Box 1: National Green Tribunal (NGT)
The NGT is a specialised statutory tribunal created under the National Green Tribunal Act, 2010 to provide effective and expeditious disposal of cases relating to environmental protection, conservation of forests and natural resources, and enforcement of environmental legal rights, including relief and compensation for damages.
Definition Box 2: Environmental Justice
Environmental justice means fair treatment of all persons (including vulnerable communities) in environmental decision-making and equal protection from environmental harm, along with access to information, participation, and remedies (compensation/restoration) when harm occurs.
1) Background: Why NGT was needed
Before the NGT, environmental litigation was mainly handled through High Courts and the Supreme Court via writ jurisdiction (Articles 226 and 32). However, environmental disputes often require scientific assessment (pollution load, ecological impact, hydrology, biodiversity loss, risk modelling), field reports, and continuous monitoring. The NGT was designed to combine judicial members with expert members, creating a forum that can understand both law and science together.
The Statement of objects in the Act also links NGT's creation with global environmental conferences like Stockholm (1972) and Rio (1992), which urged states to provide effective access to judicial/administrative proceedings and develop laws on liability and compensation for victims of pollution and environmental damage.
2) Establishment and Legal Basis (NGT Act, 2010)
Key facts for UPSC:
- NGT was created by an Act of Parliament: National Green Tribunal Act, 2010 (Act No. 19 of 2010).
- It became operational through a Central Government notification with effect from 18 October 2010.
- The Act itself notes that the right to a healthy environment has been construed as part of Article 21 (Right to Life) in India's judicial pronouncements.
Definition Box 3: Statutory Body
A statutory body is created by a law passed by the legislature (an Act). Its powers, structure, functions, and limits are defined by the statute (law). NGT is statutory because it is created by the NGT Act, 2010.
3) Composition of NGT (Chairperson + Judicial Members + Expert Members)
The NGT is designed as a mixed tribunal where legal expertise and scientific expertise work together. Under the Act, the Tribunal consists of:
- One full-time Chairperson
- Judicial Members: not less than 10 and up to 20 (full-time)
- Expert Members: not less than 10 and up to 20 (full-time)
The Chairperson can invite persons with specialised knowledge and experience to assist in a particular case.
3.1 Qualifications and appointments
Chairperson / Judicial Members: The Act provides that a person is qualified to be Chairperson or Judicial Member if he is/has been a Judge of the Supreme Court or Chief Justice of a High Court; and a High Court Judge can also be appointed as a Judicial Member.
Expert Members: The Act sets professional eligibility routes, including advanced degrees (science/engineering/technology) plus long experience (including practical experience in environmental fields), or senior administrative experience dealing with environmental matters.
Appointment process: Chairperson is appointed by the Central Government in consultation with the Chief Justice of India; Judicial and Expert Members are appointed on the recommendations of a Selection Committee.
Tribunal reforms linkage: The Act includes a provision (section 10A) stating that for appointments made after the commencement of the Tribunals Reforms Act, 2021, qualifications and service conditions are governed by that framework.
3.2 Tenure and age limits
The Chairperson, Judicial Members and Expert Members hold office for five years and are not eligible for re-appointment. The Act also places age ceilings: up to 70 years for persons who are/ have been Supreme Court Judges appointed as Chairperson/Judicial Member; and up to 67 years for persons who are/ have been Chief Justice of a High Court or High Court Judges appointed as Chairperson/Judicial Member; Expert Members have an age limit of 65 years.
3.3 Benches and places of sitting
The Central Government specifies the ordinary place(s) of sitting and territorial jurisdiction for each place of sitting. The Act also provides for circuit procedures so that hearings can take place beyond the ordinary place of sitting for better access.
As per a Lok Sabha reply (15.12.2025), there are five existing places of sitting covering India: Delhi (Principal Bench), Pune (Western), Bhopal (Central), Chennai (Southern), Kolkata (Eastern), and there was no proposal to establish additional benches.
3.4 Vacancy and capacity (2024–2025 relevance)
Institutional capacity affects speed and quality of justice. As per the same Lok Sabha reply (15.12.2025), the NGT had six vacant posts of Judicial Members and four vacant posts of Expert Members at that time.
Definition Box 4: Judicial Member vs Expert Member
Judicial Member brings legal reasoning, precedent understanding, and procedural fairness. Expert Member brings domain knowledge in environmental science, ecology, engineering, pollution control, EIA, hazardous substances, climate-related management, and administrative environmental experience. Together, they support multidisciplinary decisions.
4) Jurisdiction of NGT: Original Jurisdiction (Section 14)
NGT's original jurisdiction is the power to hear matters at the first instance (not as an appeal). Under Section 14, the Tribunal has jurisdiction over all civil cases where:
- a substantial question relating to environment is involved (including enforcement of environmental legal rights), and
- the question arises from the implementation of the laws listed in Schedule I of the NGT Act.
Definition Box 5: Substantial Question Relating to Environment
This means an environmental issue that is significant enough to require adjudication—typically involving serious pollution, ecosystem harm, forest diversion impacts, EC compliance, hazardous substance accidents, biodiversity-related disputes, or broader rights linked to environmental protection under the laws in Schedule I.
4.1 Limitation period for original applications
For Section 14 disputes, an application must be filed within six months from when the cause of action first arose, and the Tribunal may allow a further period up to sixty days if sufficient cause is shown.
UPSC Prelims tip: This "6 months + 60 days" rule is a favourite fact-based question.
5) Relief, Compensation and Restitution (Section 15)
Section 15 is the heart of NGT's remedial powers. The Tribunal can order:
- Relief and compensation to victims of pollution and environmental damage (including accidents while handling hazardous substances)
- Restitution of property damaged
- Restitution of the environment (restoration measures for the affected area).
Such relief/compensation is additional to relief under the Public Liability Insurance Act, 1991.
Limitation: For compensation/relief/restitution applications under Section 15, the limitation is five years from the date the cause first arose, extendable by up to sixty days for sufficient cause.
Definition Box 6: Environmental Compensation
Environmental compensation is a monetary amount imposed/ordered to remedy environmental harm, deter future violations, and support restoration. In NGT's context, it can be part of relief/compensation orders for pollution damage and can be linked to "polluter pays".
Definition Box 7: Restitution of Environment
Restitution means restoring the environment to the extent possible—such as river clean-up, soil remediation, afforestation, waste processing, eco-restoration of wetlands, and compliance measures to prevent further harm.
6) Appellate Jurisdiction: NGT as an Appellate Authority (Section 16)
Section 16 makes NGT an appellate forum for specific orders/decisions/directions under key environmental laws. This is important because many environmental disputes are about permissions, clearances, directions, and regulatory orders. The Act lists the major statutes (Schedule I) and also specifies appealable decisions, such as those under the Water Act, Air Act, Forest (Conservation) Act, Environment (Protection) Act, and Biological Diversity Act.
Time limit for appeals: An appeal under Section 16 must be filed within thirty days from the date the order/decision is communicated, and the Tribunal may allow filing within a further period not exceeding sixty days if sufficient cause is shown.
Definition Box 8: Environmental Clearance (EC)
Environmental Clearance is an approval granted (usually under the Environment (Protection) Act framework and EIA process) for a project/activity after assessing environmental impacts and prescribing conditions. NGT often hears disputes involving EC grant/refusal and EC condition compliance.
6.1 Schedule I (Core environmental laws for NGT jurisdiction)
The NGT Act's Schedule I lists key enactments that anchor NGT's jurisdiction, including:
- The Water (Prevention and Control of Pollution) Act, 1974
- The Water (Prevention and Control of Pollution) Cess Act, 1977 (historically listed)
- 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
Exam relevance: UPSC often checks whether candidates know that NGT's jurisdiction is linked to specific Acts (Schedule I), and that some environment-related Acts like Wildlife Protection Act and Forest Rights Act are commonly discussed as being outside NGT's Schedule I list.
7) Procedure and Powers of NGT (Section 19): Why NGT is "different" from normal courts
One of NGT's biggest strengths is that it is not trapped in rigid procedures. The Act provides that:
- NGT is not bound by the Code of Civil Procedure, 1908, and is guided by principles of natural justice.
- NGT is also not bound by the Indian Evidence Act, 1872.
- It has power to regulate its own procedure.
Definition Box 9: Principles of Natural Justice
Natural justice broadly means fairness in decision-making: hearing both sides, unbiased adjudication, reasoned orders, and equal opportunity to present facts. NGT follows natural justice instead of strict civil court procedure.
7.1 Civil court-like powers (important for UPSC)
Even though it is a tribunal, the NGT is given many powers similar to a civil court, such as:
- Summoning and enforcing attendance, examining on oath
- Discovery and production of documents
- Receiving evidence on affidavits
- Issuing commissions for examination of witnesses/documents
- Reviewing its decision
- Dismissing for default / deciding ex parte and setting aside such orders
- Passing interim orders (injunction/stay) after hearing parties
- Passing cease-and-desist type orders to stop violations of Schedule I enactments.
Also, proceedings before the Tribunal are treated as judicial proceedings for certain purposes, and the Tribunal is deemed to be a civil court for certain criminal procedure provisions.
7.2 Six-month disposal target
The Act states that applications/appeals should be dealt with expeditiously, and the Tribunal should endeavour to dispose them finally within six months from filing (after giving opportunity of hearing).
8) Environmental Principles Applied by NGT (Section 20)
The NGT is legally mandated to apply three core environmental principles while passing orders/decisions/awards:
- Sustainable Development
- Precautionary Principle
- Polluter Pays Principle
Definition Box 10: Sustainable Development, Precautionary Principle, Polluter Pays
Sustainable development means development that meets present needs without compromising future generations. Precautionary principle means lack of full scientific certainty is not a reason to postpone measures to prevent serious environmental harm. Polluter pays means the entity causing pollution must bear the cost of preventing, controlling, and remedying the damage. NGT must apply these principles by law.
Extra UPSC point: Courts have also recognised NGT as a "unique" environmental forum and supported its ability to take up issues proactively (suo motu), strengthening environmental governance.
9) Enforcement and Penalties (Section 25 and Section 26)
Execution power: NGT's award/order/decision is executable by the Tribunal as a decree of a civil court, and it has all powers of a civil court for execution.
Penalty for non-compliance: If someone fails to comply with NGT's order/award/decision, the Act provides punishment up to three years imprisonment or fine up to ₹10 crore or both. If the failure continues, an additional fine up to ₹25,000 per day can be imposed after conviction. For companies, fine up to ₹25 crore and additional fine up to ₹1 lakh per day can apply.
Why this matters: Many students wrongly think tribunals only "recommend". NGT orders are binding and have strong enforcement consequences, though practical enforcement still depends on agencies on the ground.
10) NGT vs Regular Courts: What is the real difference?
| Feature | NGT | High Court (Article 226) | Supreme Court (Article 32 / 136) |
|---|---|---|---|
| Nature | Specialised statutory tribunal for environment | Constitutional court with wide writ powers | Constitutional court; writ + apex appellate powers |
| Expertise | Has Expert Members (science/tech/administration) | Primarily judicial; may rely on committees/experts externally | Primarily judicial; may rely on committees/experts externally |
| Procedure | Not bound by CPC/Evidence Act; guided by natural justice | Follows judicial procedure; evidence rules generally apply in litigation context | Judicial procedure; evidence rules in appropriate matters |
| Jurisdiction scope | Civil environmental cases linked to Schedule I laws; plus specified appeals | Very broad; can examine legality/constitutionality of state action | Fundamental rights enforcement; special leave appeals; constitutional issues |
| Speed target | Endeavour to dispose within 6 months | No statutory "6 months" target | No statutory "6 months" target |
| Appeal route | Appeal lies to Supreme Court within 90 days (as per NGT Act) | Appeal/SLP to Supreme Court | Apex court (final) |
This comparison helps in Mains: NGT's strength is specialisation and speed; higher courts' strength is constitutional width and final authority.
11) NGT vs CPCB/SPCB: Adjudicator vs Regulator
| Aspect | NGT | CPCB/SPCB |
|---|---|---|
| Core role | Adjudication: resolves disputes, decides legality, orders relief/compensation/restoration | Regulation: sets standards, monitors, issues directions, grants/denies consents, prosecutes |
| Nature | Quasi-judicial tribunal (statutory) | Regulatory boards under Water/Air laws |
| Outputs | Orders, awards, interim directions, penalties, restoration plans | Directions, notices, consents, inspections, compliance reports |
| Enforcement style | Legal orders executable like civil court decrees; penal consequences for non-compliance | Administrative enforcement through consents, closure directions, prosecution and monitoring |
| When UPSC confuses | NGT is not a "pollution board"; it is a decision-making forum | CPCB/SPCB are not courts; they are regulators and implementers |
UPSC has directly tested the difference between NGT and CPCB in Prelims.
12) Landmark Judgments and Key Interventions by NGT
For UPSC, you should not memorise dozens of cases. Instead, learn themes and a few well-known examples. Below are some frequently cited NGT interventions (with the broad takeaway):
- Solid Waste and Open Burning: NGT issued directions including restricting open burning of waste to reduce air pollution and improve waste management compliance.
- Hydropower and Environmental Clearance: NGT has suspended/put restrictions on certain projects where EC and environmental safeguards were found inadequate, reinforcing the seriousness of EIA/EC conditions.
- Air Pollution (Delhi-NCR): NGT has used monitoring, directions to authorities, and compliance pressure in air quality matters, reflecting the "precautionary" approach.
- Uttarakhand Floods and Compensation: NGT has applied "polluter pays" logic in compensation-related cases involving environmental damage and project impacts.
- Yamuna Floodplains (Event-related damage): NGT imposed environmental compensation for damage to floodplains and ecosystem impact, showing its readiness to use monetary deterrence.
- River Pollution and Sewage Management: NGT has repeatedly directed authorities to act on sewage treatment and industrial discharge control in river rejuvenation matters.
How to write in Mains: Use 1–2 cases only, and connect them to principles (Section 20), enforcement issues, and institutional capacity (vacancies, monitoring). Do not list many names without analysis.
13) Limitations and Criticisms of NGT (UPSC Mains angle)
Even strong institutions face constraints. Common limitations discussed in policy debates and preparation sources include:
- Limited jurisdiction: NGT's original jurisdiction is tied to Schedule I laws. Some environment-related laws are not within its direct Schedule I list (often discussed examples include Wildlife Protection Act, 1972 and Forest Rights Act, 2006), which can fragment environmental adjudication.
- Vacancies and workload: Judicial/expert vacancies reduce bench strength and can increase pendency. As per Lok Sabha reply, vacancies existed (6 judicial, 4 expert) at the time of reporting.
- Execution gap: While the Act gives strong execution and penalty provisions, practical enforcement still depends on pollution control boards, district administrations, and departments. Delay or weak implementation can dilute outcomes.
- Access and awareness: Many affected communities may not know how to approach NGT, or may face resource barriers in litigation, despite NGT's intent to be accessible through multiple benches and circuit procedures.
- Scientific complexity and data quality: Environmental decisions require accurate monitoring data (air/water quality), credible EIAs, and robust compliance auditing. Poor baseline data can weaken outcomes.
14) Recent Developments and Latest Data (2024–2025)
For UPSC, "recent data" is useful for Mains answers and interview. A Lok Sabha reply dated 15.12.2025 provides a bench-wise snapshot for recent years, including 2024 and up to November 2025.
Bench-wise pendency at end of 2024 (as per the reply):
- Principal Bench (Delhi): 2024 pendency 1894 (with 2385 institutions and 1878 disposals in 2024).
- Western Zonal Bench (Pune): 2024 pendency 1023.
- Southern Zonal Bench (Chennai): 2024 pendency 680.
- Eastern Zonal Bench (Kolkata): 2024 pendency 344.
- Central Zonal Bench (Bhopal): 2024 pendency 278.
Pendency up to November 2025 (as per the reply): Principal Bench 1939, Western Bench 1933, Southern Bench 846, Eastern Bench 411, Central Bench 320.
Digital transformation: The Government stated that it supported NGT to upgrade digital infrastructure by facilitating virtual court proceedings and e-filing through a dedicated portal.
Awareness and capacity building: The same reply mentions a National Conference organised on 29–30 March 2025 at Vigyan Bhawan, New Delhi, and notes budget allocation under office expenses head for 2025–26.
Total institution/disposal/pending snapshot: NGT's own published dashboard has reported overall institution/disposal/pending figures (the dashboard values can update over time).
15) Appeal from NGT to Supreme Court (Section 22)
NGT is not the final stop. Any person aggrieved by an award/decision/order of the Tribunal may file an appeal to the Supreme Court within ninety days from communication of the decision, on grounds specified under Section 100 of CPC, with possible condonation if sufficient cause is shown.
UPSC angle: Many candidates confuse the appeal route and think it goes to High Court. Under the NGT Act, appeal goes to Supreme Court.
16) Way Forward: How to strengthen NGT (Mains-ready points)
- Fill vacancies fast: Judicial and expert vacancies must be filled to maintain multidisciplinary bench balance and reduce pendency.
- Improve scientific capacity: Better monitoring networks, standardised environmental damage assessment, and strong compliance audits help NGT orders become more effective on ground.
- Strengthen enforcement coordination: Tight coordination with SPCBs/CPCB, district administration, urban local bodies, and forest departments is essential for timely compliance.
- Improve access: Expand circuit hearings, simplify e-filing support, and legal aid mechanisms for affected communities.
- Predictable compensation frameworks: Clearer methodologies for calculating environmental compensation can reduce inconsistency and improve deterrence.
17) UPSC Previous Year Questions (PYQs)
UPSC Prelims 2012: The National Green Tribunal Act, 2010 was enacted in consonance with which of the following provisions of the Constitution of India?
- (1) Right to a healthy environment, construed as a part of Right to life under Article 21
- (2) Provision of grants for raising the level of administration in the Scheduled Areas for the welfare of Scheduled Tribes under Article 275(1)
- (3) Powers and functions of Gram Sabha as mentioned under Article 243(A)
Options:
- (a) 1 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (a) 1 only.
UPSC Prelims 2018: How is the National Green Tribunal (NGT) different from the Central Pollution Control Board (CPCB)?
- 1. The NGT has been established by an Act whereas the CPCB has been created by an executive order of the Government.
- 2. The NGT provides environmental justice and helps reduce the burden of litigation in the higher courts whereas the CPCB promotes cleanliness of streams and wells, and aims to improve the quality of air in the country.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (b) 2 only.
UPSC Geography Optional (Mains) 2023, Paper II: Discuss the impact of the National Green Tribunal Act, 2010 on forest conservation in India.
18) Practice MCQs (10) with Answers and Explanations
Q1. The National Green Tribunal (NGT) was established through a notification with effect from:
- (a) 5 June 1972
- (b) 2 June 2010
- (c) 18 October 2010
- (d) 4 April 2021
Answer: (c)
Explanation: The NGT was established with effect from 18 October 2010 via Central Government notification, as reflected in the Act's establishment provision and official act details.
Q2. The NGT Act mandates that the Tribunal must apply which of the following principles while passing orders?
- (a) Rule of law, separation of powers, federalism
- (b) Sustainable development, precautionary principle, polluter pays
- (c) Natural justice, res judicata, promissory estoppel
- (d) Equality, liberty, fraternity
Answer: (b)
Explanation: Section 20 directs NGT to apply sustainable development, precautionary principle, and polluter pays principle.
Q3. Which of the following best describes the composition of the NGT under the Act?
- (a) Only Judicial Members; no Expert Members
- (b) Chairperson + 1 Judicial Member + 1 Expert Member only
- (c) Chairperson + 10–20 Judicial Members + 10–20 Expert Members
- (d) Chairperson + 50 members nominated by States
Answer: (c)
Explanation: The Act provides a full-time Chairperson and not less than 10 up to 20 Judicial Members and not less than 10 up to 20 Expert Members.
Q4. An original application under Section 14 (environmental dispute) must generally be filed within:
- (a) 30 days
- (b) 6 months (extendable by up to 60 days)
- (c) 1 year (extendable by up to 1 year)
- (d) 5 years (extendable by up to 60 days)
Answer: (b)
Explanation: Section 14 provides 6 months limitation with possible condonation up to 60 days.
Q5. For compensation/relief/restitution under Section 15, the limitation period is:
- (a) 6 months + 60 days
- (b) 1 year + 60 days
- (c) 5 years + 60 days
- (d) No limitation period is prescribed
Answer: (c)
Explanation: Section 15 provides five years limitation, extendable by up to sixty days for sufficient cause.
Q6. An appeal under Section 16 to NGT must be filed within:
- (a) 90 days, extendable by 90 days
- (b) 30 days, extendable by up to 60 days
- (c) 6 months, extendable by up to 60 days
- (d) 5 years, extendable by up to 60 days
Answer: (b)
Explanation: Section 16 provides 30 days to appeal from communication of the order, with condonation up to 60 days if sufficient cause is shown.
Q7. Which statement is correct about NGT procedure?
- (a) NGT is strictly bound by the Code of Civil Procedure and Evidence Act
- (b) NGT is guided by natural justice and is not bound by CPC; it is also not bound by Evidence Act
- (c) NGT can decide only criminal cases
- (d) NGT has no power to pass interim orders
Answer: (b)
Explanation: Section 19 states NGT is guided by natural justice and not bound by CPC; and it is also not bound by Evidence Act; it can pass interim orders as part of its powers.
Q8. Appeal from an NGT order lies to:
- (a) High Court within 30 days
- (b) Supreme Court within 90 days
- (c) President of India within 6 months
- (d) Parliament within 1 year
Answer: (b)
Explanation: Section 22 provides appeal to the Supreme Court within ninety days from communication of the order/decision/award.
Q9. Under the NGT Act, failure to comply with an NGT order can attract:
- (a) Only a warning; no penalties
- (b) Fine up to ₹1 lakh only
- (c) Imprisonment up to 3 years or fine up to ₹10 crore or both (plus continuing fine provisions)
- (d) Only departmental inquiry; no criminal consequences
Answer: (c)
Explanation: Section 26 provides imprisonment up to three years or fine up to ten crore rupees or both, with additional daily fine for continuing contravention; companies have higher fine limits.
Q10. As per the Lok Sabha reply dated 15.12.2025, which statement best matches NGT's bench structure?
- (a) NGT has only one bench at Delhi
- (b) NGT has five places of sitting: Delhi, Pune, Bhopal, Chennai, Kolkata covering India
- (c) NGT benches exist in all State capitals
- (d) NGT is a State-level tribunal, not national
Answer: (b)
Explanation: The reply lists five existing places of sitting (Delhi, Pune, Bhopal, Chennai, Kolkata) covering the territorial jurisdiction of India.
Conclusion
The National Green Tribunal is one of India's most important environmental governance institutions. Its strength lies in being a specialised, multidisciplinary, and relatively faster forum that can order compensation, environmental restoration, and compliance directions grounded in sustainable development, precaution, and polluter pays. At the same time, its effectiveness depends on capacity (vacancies), quality of environmental data, and real-world enforcement by executive agencies. For UPSC, the best approach is: learn the Act-based core (Sections 14–16, 19–20, 22, 26), remember a few benchmarks and cases, and write Mains answers using balanced analysis with recent pendency/vacancy and digitalisation points.