NGT Members explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 5 to 10 of the NGT Act set out who can be a Chairperson, Judicial Member or Expert Member, how they are appointed, how long they serve, how they resign, what they are paid and how they can be removed. Section 10A then provides that for members appointed after the Tribunals Reforms Act, 2021 these matters are governed by Chapter II of that Act. So the text of sections 5 to 10 now applies to a member appointed after that Act commenced only as section 10A allows.
This article is current as amended up to the Tribunals Reforms Act, 2021. Section 10A, inserted in 2017, was amended by section 27 of that Act. Later amendments and notifications should be checked. If a challenge turns on the Tribunal's composition or a member's appointment, our legal consultation team can help.
The NGT Act's own text says a Chairperson or Judicial Member must be, or have been, a Judge of the Supreme Court or Chief Justice of a High Court (a High Court Judge may also be a Judicial Member), and an Expert Member needs a prescribed degree and fifteen years' experience including five years in the environmental field. Section 10A overrides these provisions for members appointed after the Tribunals Reforms Act, 2021: their qualifications, appointment, term, salaries, resignation, removal and other conditions are governed by Chapter II of that Act. The Tribunals Reforms Act's own provisions are not explained here.
How to read sections 5 to 10 today
Sections 5 to 10 are the Act's original code on members. Section 10A begins "Notwithstanding anything contained in this Act", so read the text below as the Act's own rules and section 10A as the override.
Section 5: qualifications and restrictions
Section 5(1): Chairperson and Judicial Member. A person is not qualified unless he is, or has been, "a Judge of the Supreme Court of India or Chief Justice of a High Court". The proviso: a person who is or has been a Judge of the High Court "shall also be qualified to be appointed as a Judicial Member".
Expert Member. A person is not qualified unless he:
- (a) has a degree in Master of Science (in physical sciences or life sciences) with a Doctorate degree, or Master of Engineering or Master of Technology, and has an experience of fifteen years in the relevant field including five years of practical experience in the field of environment and forests (including pollution control, hazardous substance management, environment impact assessment, climate change management, biological diversity management and forest conservation) in a reputed national level institution; or
- (b) has administrative experience of fifteen years including five years in dealing with environmental matters in the Central or a State Government or in a reputed national or State level institution.
Section 5(2). The Chairperson, Judicial Member and Expert Member "shall not hold any other office during their tenure".
Section 5(3). For two years after they cease to hold office, they shall not accept employment in, or connected with the management or administration of, any person who has been a party to a proceeding before the Tribunal under the Act. The proviso excepts employment under the Central or a State Government or local authority, any statutory authority or corporation, or a Government company.
Section 6: appointment
The Chairperson, Judicial Members and Expert Members are appointed by the Central Government, subject to section 5. The Chairperson is appointed "in consultation with the Chief Justice of India". Judicial and Expert Members are appointed on the recommendations of a Selection Committee "in such manner as may be prescribed".
Section 7: term of office
The Chairperson, Judicial Member and Expert Member hold office "for a term of five years from the date on which they enter upon their office, but shall not be eligible for re-appointment". The provisos set age limits: seventy years for a Supreme Court Judge appointed as Chairperson or Judicial Member; sixty-seven years for a Chief Justice of a High Court appointed as Chairperson or Judicial Member and for a High Court Judge appointed as Judicial Member; and sixty-five years for an Expert Member. These are the Act's own terms; for a member appointed after the Tribunals Reforms Act, 2021, section 10A may displace them.
Section 8: resignation
A member may resign "by notice in writing under their hand addressed to the Central Government".
Section 9: salaries, allowances and conditions
Salaries and allowances, and other terms and conditions of service (including pension, gratuity and other retirement benefits), "shall be such as may be prescribed". The proviso: they "shall not be varied to their disadvantage after their appointment". The Act prints no salary figure.
Section 10: removal and suspension
| Sub-section | Rule |
|---|---|
| (1) | The Central Government may, in consultation with the Chief Justice of India, remove a Chairperson or Judicial Member who (a) has been adjudged an insolvent; (b) has been convicted of an offence which, in the Central Government's opinion, involves moral turpitude; (c) has become physically or mentally incapable; (d) has acquired a financial or other interest likely to affect his functions prejudicially; or (e) has so abused his position as to render continuance prejudicial to the public interest |
| (2) | The Chairperson or Judicial Member shall not be removed except by an order after an inquiry by a Judge of the Supreme Court in which he has been informed of the charges and given a reasonable opportunity of being heard |
| (3) | The Central Government may suspend a Chairperson or Judicial Member in respect of whom a reference to the Supreme Court Judge has been made, until it passes an order on the inquiry report |
| (4) | The Central Government may by rules regulate the procedure for the inquiry |
| (5) | An Expert Member may be removed by order of the Central Government on the grounds in sub-section (1) and in accordance with the procedure notified by it, after an opportunity of being heard |
Section 10A: the override
As inserted in 2017, section 10A said that, notwithstanding anything in the Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of members appointed after the commencement of Part XIV of Chapter VI of the Finance Act, 2017 were governed by section 184 of that Act. Its proviso said members appointed before that commencement continue to be governed by the NGT Act and its rules.
The 2021 amendment. Section 27 of the Tribunals Reforms Act, 2021 provides that in section 10A, for the words "Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act", the words "the Tribunal Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act" shall be substituted.
The effect is that, for a member appointed after the commencement of the Tribunals Reforms Act, 2021, these matters are governed by Chapter II of that Act. The proviso protecting members appointed before the 2017 commencement is not touched by the 2021 amendment.
Which rules govern whom
| Member | Governed by |
|---|---|
| Appointed after the commencement of the Tribunals Reforms Act, 2021 | Chapter II of that Act, by section 10A |
| Appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017 | The NGT Act and its rules, by the proviso to section 10A |
The next articles cover sections 11 to 13 on the acting Chairperson and staff. For how the Tribunal is constituted, see sections 3 and 4.
Practical points
- Check the date of appointment. It decides whether the NGT Act or the Tribunals Reforms Act governs a member.
- Do not quote a term or age limit from section 7 as current for a recent appointee without reading section 10A.
- For ex-members, note the two-year bar in section 5(3).
An example
A party's counsel notes that a Judicial Member was appointed after the Tribunals Reforms Act, 2021 commenced. Rather than relying on the five-year term in section 7, counsel checks section 10A and Chapter II of that Act.
Need help with a question on the Tribunal's constitution?
Disputes about a member's appointment or terms depend on dates and on two Acts. Our legal consultation team can help you identify the governing provision and set out the position in writing.
Key takeaways
- The NGT Act's own text requires a Supreme Court or High Court judicial background for the Chairperson and Judicial Members, and fifteen years' experience for Expert Members.
- Members serve a term of five years without re-appointment and with the age limits in section 7, as the Act's own text provides.
- Removal of a Chairperson or Judicial Member needs an inquiry by a Supreme Court Judge.
- Section 10A, as amended by the Tribunals Reforms Act, 2021, makes Chapter II of that Act govern members appointed after its commencement.
- The Tribunals Reforms Act's provisions are outside this article.
Read next
- Sections 11 to 13: acting Chairperson, staff and Chairperson's powers
- Sections 3 and 4: establishment and composition
- National Green Tribunal Act, 2010: overview
- NGT jurisdiction, powers and procedure
Disclaimer: Based on the Environment (Protection) Act, 1986, the Air (Prevention and Control of Pollution) Act, 1981 and the Public Liability Insurance Act, 1991 as amended by the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force for these Acts from 1 April 2024), the Water (Prevention and Control of Pollution) Act, 1974 as amended by its Amendment Act of 2024 (which applies only in the States and Union territories it names and in States that adopt it), and the National Green Tribunal Act, 2010 as amended by the Tribunals Reforms Act, 2021, as consulted on 3 October 2026. Later amendments, rules and notifications should be checked. This article is general information, not legal advice; check the official text before acting.