National Green Tribunal Act, 2010 / Section 5
Section 5 NGT Act 2010: Qualifications of Chairperson, Judicial Member and Expert Member
Section 5 of the National Green Tribunal Act, 2010 states the original statutory qualifications for the Chairperson, Judicial Members and Expert Members of the National Green Tribunal and also contains restrictions concerning other offices and certain post-tenure employment.
Meaning and scope of Section 5
The National Green Tribunal is a statutory tribunal established under the National Green Tribunal Act, 2010 for environmental adjudication. Section 5 is titled "Qualifications for appointment of Chairperson, Judicial Member and Expert Member." It specifies judicial qualifications, expert qualifications and restrictions applicable to persons holding these offices.
Section 5(1): Chairperson and Judicial Member
A person shall not be qualified for appointment as the Chairperson or Judicial Member of the Tribunal unless he is, or has been, a Judge of the Supreme Court of India or Chief Justice of a High Court.
Proviso: A person who is or has been a Judge of a High Court shall also be qualified to be appointed as a Judicial Member.
This is the original qualification provision appearing in Section 5. For a current appointment, it must be considered together with Section 10A and the post-2021 tribunal framework.
Section 5(2): Expert Member
An Expert Member must satisfy either the specialist qualification route or the administrative experience route stated in Section 5(2).
Section 5(2)(a): A Master of Science degree in physical sciences or life sciences with a Doctorate degree, or a Master of Engineering or Master of Technology degree, together with fifteen years of relevant experience including five years of practical experience in environment and forests. The provision includes pollution control, hazardous substance management, environmental impact assessment, climate change management, biological diversity management and forest conservation in a reputed national-level institution.
Section 5(2)(b): Fifteen years of administrative experience, including five years dealing with environmental matters in the Central Government, a State Government, or a reputed national or State-level institution.
The original Section 5 therefore recognizes both technical or scientific expertise and qualifying environmental administrative experience. Current eligibility for a new appointment should additionally be verified under Section 10A, the Tribunals Reforms Act, 2021, the applicable rules and the relevant official vacancy notification.
Section 5(3): Restriction on holding another office
The Chairperson, Judicial Member and Expert Member of the Tribunal shall not hold any other office during their tenure as such.
Section 5(4): Post-tenure employment restriction
The Chairperson and other Judicial and Expert Members shall not, for two years from the date on which they cease to hold office, accept employment in, or connected with the management or administration of, a person who has been a party to a proceeding before the Tribunal under the Act.
The proviso excludes specified public employment, including employment under the Central Government, a State Government, a local authority, a statutory authority, a statutory corporation or a Government company.
Section 10A and the current legal framework
Section 10A is essential for present-day appointment questions. It begins with a non-obstante clause and directs that specified appointment and service matters for office-holders appointed after commencement of the Tribunals Reforms Act, 2021 are governed by Chapter II of that Act. Therefore, the original text of Section 5 should not be treated as the complete current appointment code.
| Provision | Relevance |
|---|---|
| Section 5, NGT Act, 2010 | Original qualifications and restrictions concerning the Chairperson, Judicial Members and Expert Members. |
| Section 10A, NGT Act, 2010 | Overrides contrary provisions for specified appointment and service matters and applies the post-2021 tribunal regime. |
| Tribunals Reforms Act, 2021 | Chapter II governs qualifications, appointment, term and other specified service matters for covered tribunal office-holders. |
| Tribunal (Conditions of Service) Rules, 2021 | Contains detailed qualification and service-condition rules, subject to amendments in force. |
How to check eligibility for a current NGT appointment
For a current vacancy or eligibility question, read the latest consolidated National Green Tribunal Act, 2010 together with Section 10A, the Tribunals Reforms Act, 2021, the Tribunal (Conditions of Service) Rules, 2021 as amended, and the specific official vacancy notification. This avoids relying only on the original wording of Section 5 where the overriding post-2021 framework applies.
Related NGT Act provisions
See also Sections 3 and 4 on establishment and composition, Section 6 on appointment, Section 7 on term and conditions of service, and Section 10 on removal and suspension.
For authoritative use, verify the latest official Act, rules and notifications applicable to the particular appointment or proceeding.