एनजीटी में विशेषज्ञों के लिए जगह, उनमें से ज्यादातर अब पूर्व सरकारी अधिकारी हैं

The composition of the National Green Tribunal (NGT) and the background of its expert members raise important questions about its impartiality and effectiveness. To fully understand this news, several key concepts need to be examined.

The National Green Tribunal (NGT) Act, 2010 established the NGT for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources. The Act mandates a specific composition of judicial and expert members to ensure a balanced perspective in environmental decision-making. The recent news highlights a potential imbalance, with a majority of expert members having prior involvement in government environmental clearances, which could affect the tribunal's objectivity.

The Environment Protection Act (EPA), 1986 is a comprehensive piece of legislation that provides the framework for environmental protection in India. It empowers the central government to establish authorities for environmental regulation and to set standards for environmental quality. Project clearances issued under this Act are subject to appeal before the NGT. The fact that many NGT expert members were previously involved in granting these clearances raises concerns about potential bias when they adjudicate appeals against those same decisions.

The Forest Conservation Act (FCA), 1980 regulates the diversion of forest land for non-forest purposes. It requires prior approval from the central government for such diversions. Like the EPA, project clearances under the FCA can be appealed before the NGT. The presence of former forest service officers, who were involved in granting these clearances, as expert members of the NGT, brings into question the impartiality of the tribunal's decisions.

The Tribunals Reforms Act, 2021 amended the process for appointment of members to various tribunals, including the NGT. It altered the composition of the selection committee, giving greater weight to the government's role in the selection process. This change has implications for the independence of the NGT, as it potentially increases the influence of the executive branch in the appointment of its members. A UPSC aspirant must know the provisions of these acts, the structure and mandate of the NGT, and the potential conflicts of interest that can arise in environmental governance for both prelims and mains.