Section 6 NGT Act 2010: Appointment of Chairperson, Judicial Member and Expert Member

Section 6 of the National Green Tribunal Act, 2010 contains the original statutory provisions for appointment of the Chairperson, Judicial Members and Expert Members of the National Green Tribunal. The Central Government is the appointing authority under the section, subject to the statutory appointment framework applicable from time to time.

Current legal position: Section 6 should now be read with Section 10A of the National Green Tribunal Act, 2010. For appointments made after commencement of the Tribunals Reforms Act, 2021, Section 10A provides an overriding framework under Chapter II of that Act. The Tribunal (Conditions of Service) Rules, 2021, as amended from time to time, contain further provisions relating to qualifications and the Search-cum-Selection Committee process.

What is Section 6 of the National Green Tribunal Act, 2010?

Section 6 is titled "Appointment of Chairperson, Judicial Member and Expert Member." In its original form, it identifies the Central Government as the appointing authority, requires consultation with the Chief Justice of India for appointment of the Chairperson, and provides for appointment of Judicial Members and Expert Members on the recommendations of a Selection Committee in the prescribed manner.

Section 6(1): Appointment by Central Government

Section 6(1)

Subject to the provisions of Section 5, the Chairperson, Judicial Members and Expert Members of the Tribunal shall be appointed by the Central Government.

Meaning: The original provision makes the Central Government the appointing authority and links appointment to the qualification requirements contained in Section 5. For current appointments, Sections 5 and 6 must also be read with the overriding provision in Section 10A.

Section 6(2): Appointment of Chairperson

Section 6(2)

The Chairperson shall be appointed by the Central Government in consultation with the Chief Justice of India.

Meaning: Under the original Section 6 framework, consultation with the Chief Justice of India is expressly required for appointment of the Chairperson. The present appointment process must additionally be considered under the Tribunals Reforms Act, 2021 and the rules made under it.

Section 6(3): Judicial Members and Expert Members

Section 6(3)

The Judicial Members and Expert Members of the Tribunal shall be appointed on the recommendations of such Selection Committee and in such manner as may be prescribed.

Meaning: The provision contemplates a committee-based selection mechanism rather than appointment without a prescribed selection process. Under the current tribunal regime, the Tribunals Reforms Act, 2021 and the Tribunal (Conditions of Service) Rules, 2021 provide the governing framework for covered appointments, including the Search-cum-Selection Committee mechanism.

Section 10A: Why the current appointment process is different

Section 10A of the National Green Tribunal Act, 2010 is a non-obstante provision. For the Chairperson, Judicial Member and Expert Member appointed after commencement of the Tribunals Reforms Act, 2021, it provides that qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service are governed by Chapter II of the Tribunals Reforms Act, 2021.

ProvisionRole in the appointment framework
Section 5, NGT Act, 2010Contains the original statutory qualifications for the Chairperson, Judicial Member and Expert Member.
Section 6, NGT Act, 2010Contains the original appointment provisions, including appointment by the Central Government and the selection mechanism.
Section 10A, NGT Act, 2010Gives overriding effect to the post-2021 tribunal framework for specified appointment and service matters.
Tribunals Reforms Act, 2021Chapter II provides the governing statutory framework for qualifications, appointment and other specified service matters for covered tribunals.
Tribunal (Conditions of Service) Rules, 2021Provides detailed rules concerning qualifications, Search-cum-Selection Committees and service conditions, subject to amendments in force.

Search-cum-Selection Committee under the current tribunal framework

The Tribunals Reforms Act, 2021 establishes a Search-cum-Selection Committee mechanism for appointments covered by the Act. The Central Government appoints the Chairperson or Member on the recommendation of the Committee in accordance with the statutory framework. The composition and procedure of the Committee, eligibility conditions and other appointment requirements must be checked against the latest version of the Act, the Tribunal (Conditions of Service) Rules, 2021 and the particular vacancy notification.

Practical legal position

Section 6 remains important for understanding the structure of the National Green Tribunal Act, 2010 and the original appointment provisions. However, for a current appointment, vacancy or eligibility question, Section 6 should not be read in isolation. The latest consolidated NGT Act, especially Section 10A, the Tribunals Reforms Act, 2021, the Tribunal (Conditions of Service) Rules, 2021 as amended, and the relevant official vacancy notice should all be examined.

Related provisions of the NGT Act

Section 6 is closely connected with Section 5 on qualifications, Section 7 on term of office and conditions of service, Sections 8 and 9 on resignation, salaries and service conditions, and Section 10 on removal and suspension.

For authoritative use, verify the latest official Act, rules, amendments and vacancy notification applicable to the appointment concerned.