26 Feb 2026·Source: The Indian Express

5 min

Environment & EcologyPolity & GovernanceNEWS

NGT Reconstituted with Experts, Primarily Former Government Officers

Q: If a Mains question asks you to 'Critically examine the effectiveness of the NGT in environmental protection,' how would you structure your answer, considering the recent reconstitution?

Your answer should include: * Introduction: Briefly define the NGT and its mandate. * Effectiveness: Discuss its successes in speeding up environmental dispute resolution. * Challenges: Highlight issues like staff shortages and the potential impact of the new expert member composition on its impartiality. * Conclusion: Offer a balanced assessment, acknowledging the NGT's contributions while emphasizing the need for reforms to ensure its continued effectiveness and independence.

National Green Tribunal sees changes in expert composition, focusing on ex-government officials.

NGT Reconstituted with Experts, Primarily Former Government Officers

Photo by shalender kumar

The National Green Tribunal (NGT) is currently operating at half its minimum required strength, with only four judicial and six expert members. The NGT Act mandates 10-20 full-time judicial members and 10-20 full-time expert members to protect the environment. A recent trend shows that nine of the 13 expert members appointed since 2016 previously held positions in the Environment ministry and state forest departments, where they were involved in granting green clearances. This is a significant shift from the period before 2016, when only two of 11 experts had such associations.

Several expert members appointed since 2016 are former Indian Forest Service officers, including Dr. S. S. Garbyal, who retired as Director General of Forest and Special Secretary in the Environment ministry; Siddhanta Das, who served as Director General of Forests and Special Secretary; and Saibal Dasgupta, who was Director General, Forest Survey of India. Other expert members, such as Dr. Vijay Kulkarni and Dr. Sujit Kumar Bajpayee, were directly involved with the green clearance process as members of Expert Appraisal Committees (EACs).

This composition raises concerns about potential conflicts of interest, as the NGT's appellate jurisdiction includes government orders and project clearances issued under the Environment Protection Act (EPA), 1986, and the Forest Conservation Act (FCA), 1980. Senior advocates like Rajeev Dhawan have voiced concerns that appointing former government officials who were part of the decision-making process in the Environment ministry to the tribunal constitutes a clear conflict of interest and goes against the principle of natural justice. The appointment process involves consultation with the Chief Justice of India and a selection committee, which, following the Tribunals Reforms Act 2021, includes government secretaries and the Environment secretary.

This reconstitution of the NGT with a majority of former government officers has significant implications for environmental governance in India, potentially affecting the impartiality and effectiveness of environmental decision-making. This news is relevant for the UPSC exam, particularly for the Environment and Ecology section of GS Paper III, as well as for understanding the functioning of quasi-judicial bodies.

Key Facts

The National Green Tribunal (NGT) now has space for experts.

Most of the experts in NGT are former government officers.

The reconstitution and shift in composition could influence the NGT's approach to environmental cases and clearances.

The NGT plays a crucial role in environmental governance.

UPSC Exam Angles

GS Paper III (Environment and Ecology): Structure, mandate, and functioning of the NGT.

GS Paper II (Polity and Governance): Quasi-judicial bodies and their role in governance.

Potential questions on the composition and independence of tribunals, conflicts of interest, and environmental law enforcement.

The National Green Tribunal (NGT) now has space for experts, with most of them being former government officers. This reconstitution and shift in composition could influence the NGT's approach to environmental cases and clearances. The NGT plays a crucial role in environmental governance, and the expertise and perspectives of its members are vital for effective decision-making.

Expert Analysis

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.

More Information

Background

The National Green Tribunal (NGT) was established in 2010 under the NGT Act, with the objective of providing a specialized forum for the effective and speedy disposal of cases related to environmental protection, conservation of forests, and other natural resources. This was in line with India's commitment to providing environmental justice and implementing the principle of sustainable development. The NGT was envisioned as a crucial institution to address the growing environmental challenges and ensure the enforcement of environmental laws. The composition of the NGT, as mandated by the NGT Act, includes both judicial and expert members. This blend of legal and technical expertise was intended to ensure informed and balanced decision-making. The recent trend of appointing former government officials, who were previously involved in granting environmental clearances, as expert members has raised concerns about potential conflicts of interest and the impartiality of the tribunal. This shift in composition could impact the NGT's approach to environmental cases and its ability to effectively hold government agencies accountable. The appellate jurisdiction of the NGT extends to orders and clearances granted under key environmental laws such as the Environment Protection Act, 1986 and the Forest Conservation Act, 1980. These laws are central to environmental regulation in India, and the NGT plays a critical role in ensuring their proper implementation. The current debate over the appointment of expert members highlights the importance of maintaining the NGT's independence and credibility to uphold environmental standards effectively.

Latest Developments

In recent years, there have been several developments concerning the functioning and composition of tribunals in India, including the NGT. The Tribunals Reforms Act, 2021, aimed to streamline the administration of tribunals and address issues related to their efficiency and independence. However, the Act has faced criticism for allegedly increasing government control over the appointment and removal of tribunal members, potentially undermining their autonomy. The performance of the NGT has been a subject of scrutiny, with concerns raised about its backlog of cases and the time taken for disposal. Various committees and expert groups have examined the functioning of the NGT and made recommendations for improving its effectiveness. These recommendations often include measures to strengthen its infrastructure, enhance its capacity for technical assessments, and ensure greater transparency in its decision-making processes. Looking ahead, the NGT is expected to play an increasingly important role in addressing environmental challenges in India, particularly in the context of rapid economic development and climate change. The tribunal's ability to effectively enforce environmental laws and hold polluters accountable will be crucial for achieving sustainable development goals and protecting the environment for future generations. The focus will likely be on ensuring its independence, efficiency, and expertise in handling complex environmental issues.

Frequently Asked Questions

1. How might the increased number of former government officers as expert members in the NGT affect its rulings on environmental clearances?

The shift towards appointing former government officers as expert members could lead to a more lenient approach towards granting environmental clearances. These individuals may be more inclined to consider the government's perspective and priorities, potentially influencing decisions in favor of development projects. However, this could also raise concerns about potential conflicts of interest and reduced scrutiny of environmental impacts.

2. What's the key difference between the NGT Act, 2010 and the Tribunals Reforms Act, 2021, and why should UPSC aspirants care?

The NGT Act, 2010 established the National Green Tribunal for environmental protection. The Tribunals Reforms Act, 2021, aimed to streamline tribunal administration, including the NGT. Aspirants should care because the 2021 Act has been criticized for potentially increasing government control over tribunals, affecting their independence. This impacts environmental governance, a key UPSC topic.

Exam Tip

Remember the years: NGT Act (2010 - establishment) vs. Tribunals Reforms Act (2021 - reforms, potential control issues). Examiners might mix them up!

3. If a Mains question asks you to 'Critically examine the effectiveness of the NGT in environmental protection,' how would you structure your answer, considering the recent reconstitution?

Your answer should include: * Introduction: Briefly define the NGT and its mandate. * Effectiveness: Discuss its successes in speeding up environmental dispute resolution. * Challenges: Highlight issues like staff shortages and the potential impact of the new expert member composition on its impartiality. * Conclusion: Offer a balanced assessment, acknowledging the NGT's contributions while emphasizing the need for reforms to ensure its continued effectiveness and independence.

4. Why is the government appointing more former bureaucrats to the NGT now, and what larger trend does this reflect in India?

Appointing former bureaucrats may reflect a trend towards greater government influence over tribunals. This could be driven by a desire for more aligned decision-making or concerns about the efficiency of tribunals. However, it also raises questions about the independence and impartiality of these bodies.

5. How does the current composition of the NGT, with a majority of expert members being former government officers, potentially undermine the 'polluter pays' principle?

The 'polluter pays' principle requires those who cause pollution to bear the costs of managing it. If expert members have close ties to government agencies that previously granted environmental clearances, they may be less likely to strictly enforce this principle against industries or projects approved by those same agencies. This could lead to weaker penalties for polluters and less effective environmental protection.

6. For Prelims, what's a likely 'trap' question related to the NGT's composition and powers?

A likely trap: 'The NGT's decisions are binding on all courts, including the Supreme Court.' This is FALSE. While the NGT has wide-ranging powers, its decisions can be appealed in the Supreme Court. Don't confuse its specialized jurisdiction with absolute authority.

Exam Tip

Remember: NGT decisions are *appealable* to the Supreme Court. Examiners love to test this!

Practice Questions (MCQs)

1. Consider the following statements regarding the National Green Tribunal (NGT): 1. The NGT Act mandates that the tribunal must have an equal number of judicial and expert members. 2. The NGT has appellate jurisdiction over orders issued under the Wildlife Protection Act, 1972. 3. The Chairperson of the NGT is appointed by the President of India in consultation with the Chief Justice of India. Which of the statements given above is/are correct?

A.1 and 2 only
B.2 and 3 only
C.1 and 3 only
D.3 only

Show Answer

Answer: D

Statement 1 is INCORRECT: The NGT Act mandates 10-20 full-time judicial members and 10-20 full-time expert members, not necessarily an equal number. Statement 2 is INCORRECT: The NGT's appellate jurisdiction does NOT extend to the Wildlife Protection Act, 1972. Statement 3 is CORRECT: The Union government appoints the NGT chairperson in direct consultation with the Chief Justice of India.

2. In the context of the National Green Tribunal (NGT), what is the primary concern regarding the appointment of former government officials involved in granting environmental clearances as expert members?

A.Their lack of technical expertise in environmental matters.
B.The potential for conflicts of interest and bias in decision-making.
C.Their unfamiliarity with the legal framework governing environmental protection.
D.Their inability to effectively represent the interests of civil society organizations.

Show Answer

Answer: B

The primary concern is the potential for conflicts of interest and bias in decision-making. The NGT's appellate jurisdiction covers government orders and project clearances issued under the Environment Protection Act (EPA), 1986, and the Forest Conservation Act (FCA), 1980. If expert members were previously involved in granting these clearances, it raises questions about their impartiality when adjudicating appeals against those decisions.

3. Which of the following Acts empowers the central government to establish authorities for environmental regulation and set standards for environmental quality?

A.The Water (Prevention and Control of Pollution) Act, 1974
B.The Air (Prevention and Control of Pollution) Act, 1981
C.The Environment Protection Act, 1986
D.The National Green Tribunal Act, 2010

Show Answer

Answer: C

The Environment Protection Act (EPA), 1986, is a comprehensive piece of legislation that empowers the central government to establish authorities for environmental regulation and to set standards for environmental quality. It provides the framework for environmental protection in India.

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