Sections 3 and 4 of the National Green Tribunal Act, 2010 - Establishment and Composition of Tribunal

Meaning and scope of Section 3

Section 3 requires the Central Government, by notification, to establish from the date specified in the notification a Tribunal known as the National Green Tribunal. The Tribunal exercises the jurisdiction, powers and authority conferred upon it by or under the National Green Tribunal Act, 2010.

In practical terms, section 3 is the statutory foundation for the NGT as a specialised environmental adjudicatory body. Its substantive jurisdiction is dealt with in later provisions, including section 14 on environmental disputes, section 15 on relief, compensation and restitution, and section 16 on appellate jurisdiction.

Section 4(1) - Members of the Tribunal

Under section 4(1), the Tribunal consists of:

• a full-time Chairperson;
• not less than ten and not more than twenty full-time Judicial Members, as the Central Government may notify from time to time; and
• not less than ten and not more than twenty full-time Expert Members, as the Central Government may notify from time to time.

The distinction between Judicial Members and Expert Members reflects the specialised nature of environmental adjudication. Qualifications for appointment are dealt with separately under section 5 and other applicable provisions governing tribunal appointments and service conditions.

Section 4(2) - Specialised assistance

The Chairperson may, where considered necessary, invite one or more persons having specialised knowledge and experience in a particular case to assist the Tribunal in that case. This enables the Tribunal to obtain subject-specific assistance where a dispute involves technical or specialised environmental issues.

Section 4(3) - Places of sitting and territorial jurisdiction

The Central Government may, by notification, specify the ordinary place or places of sitting of the Tribunal and the territorial jurisdiction attached to each place of sitting.

The Tribunal currently operates a Principal Bench at New Delhi and Zonal Benches at Bhopal, Pune, Kolkata and Chennai. Parties should consult the official NGT website, current notifications and cause lists for up-to-date bench and filing information.

Section 4(4) - Practice and procedure

The Central Government may, in consultation with the Chairperson, make rules regulating the practices and procedure of the Tribunal. Section 4(4) specifically contemplates rules concerning:

• persons entitled to appear before the Tribunal;
• procedure for hearing applications, appeals and other matters, including circuit procedure for hearings at a place other than the ordinary place of sitting within the relevant jurisdiction;
• the minimum number of Members who will hear specified classes of applications and appeals; and
• transfer of cases by the Chairperson from one place of sitting, including an ordinary place of sitting, to another place of sitting.

The statutory proviso requires the number of Expert Members hearing an application or appeal to be equal to the number of Judicial Members hearing that application or appeal.