NGT's Role in Environmental Governance Challenges

National Green Tribunal (NGT) Overview

• Establishment: The NGT was established under the National Green Tribunal Act, 2010, aimed at bolstering India’s environmental governance by combining legal and ecological expertise.

Performance and Effectiveness

• Mixed Record: The performance of the NGT since its inception has been mixed, particularly between 2020 and 2025 where it reportedly favored project developers in 80% of cases.

• Key Environmental Issues Addressed: The NGT has addressed critical issues such as:

  • Sand-mining
  • River pollution
  • Air pollution

• Implementation Issues: While NGT directions are founded on scientific standards, their effectiveness has been hampered by weak implementation.

Judicial and Expert Member Composition

• Composition Requirement: The NGT Act mandates having 10-20 judicial members and an equal number of expert members to ensure balanced decision-making.
• Expert Appointment Concerns: Since 2016, nine out of thirteen expert members previously held senior positions in the Ministry of Environment, raising concerns regarding conflict of interest and the potential for biased rulings in favor of governmental projects.

Expertise and Knowledge Gaps

• Deficits in Expertise: The current pool of expert members drawn mainly from the Indian Forest Service has raised concerns about the tribunal’s capacity to address complex environmental challenges, necessitating a broader range of expertise encompassing:
  • Scientists
  • Economists
  • Engineers
  • Urban planners
  • Legal scholars

Climate Change and Environmental Governance

• Increased Complexity: Climate change has compounded environmental governance challenges, necessitating improved risk assessment and adaptation strategies.
• Need for Multidisciplinary Expertise: To effectively navigate contemporary environmental issues, NGT must not only fill vacancies but also enhance its technical capacity and multidisciplinary expertise.

Conclusion and Recommendations

• Call for Awareness: The findings suggest that a reevaluation of the NGT’s operational framework is necessary to improve its ability to make scientifically sound and ecologically responsible decisions.
• Institutional Changes: The report calls for an urgent reassessment to ensure that the NGT can effectively manage the complex overlap of environmental law, governance, and scientific knowledge required to address modern environmental challenges comprehensively.