Parliamentary panel asks NGT to more proactively use powers on critical environmental concerns

Environmental Governance & Statutory Bodies · 26 August 2026 · Based on The Hindu (original report)

2-minute summary

The Department-related Parliamentary Standing Committee on Law and Personnel, in its report titled 'Review of Functioning of Tribunal System in the Country' (tabled in August 2026), has urged the National Green Tribunal (NGT) to more proactively exercise its suo motu (self-cognizance) powers. The committee highlighted critical environmental challenges requiring urgent intervention, including severe air pollution in the Indo-Gangetic plain, illegal sand mining, large-scale tree felling for highway projects, and ecological risks in the northeastern states. To address the persistent issue of non-compliance, the panel recommended establishing a robust monitoring framework. This includes regular action-taken reports from the Environment Ministry, the strategic deployment of joint committees, and clear delegation of responsibility to ensure prompt implementation of the tribunal's orders. Established in 2010, the NGT is a specialized quasi-judicial body designed to provide speedy environmental justice. The committee's recommendations aim to strengthen the tribunal's enforcement capabilities, ensuring it transitions from a reactive adjudicatory body to a proactive guardian of India's ecological integrity.

Why it's in the news

The Department-related Parliamentary Standing Committee on Law and Personnel tabled its report 'Review of Functioning of Tribunal System in the Country' in August 2026, recommending that the NGT proactively use its suo motu powers and establish stronger compliance monitoring mechanisms with the Environment Ministry.

Background and context

The National Green Tribunal (NGT) was established on October 18, 2010, under the National Green Tribunal Act 2010, fulfilling India's constitutional commitment under Article 21 (Right to a healthy environment). India became the third country in the world—and the first developing nation—to set up a specialized environmental tribunal. The NGT is mandated to dispose of environmental cases within six months of filing. It is not bound by the Code of Civil Procedure, 1908, but is guided by principles of natural justice. Historically, the NGT's authority to take suo motu (cognizance on its own) action was contested by various state governments and project proponents. However, in the landmark Municipal Corporation of Greater Mumbai vs. Ankita Sinha (2021) case, the Supreme Court ruled that the NGT possesses suo motu powers, declaring it an essential tool to protect the environment. Despite this, challenges regarding the enforcement of its orders and vacancies in judicial and expert member positions have persisted, prompting the recent parliamentary review.

Constitutional provisions

• Article 21 — Interpreted by the Supreme Court to include the right to a clean, healthy, and pollution-free environment, which forms the foundational basis for the NGT's mandate.
• Article 48A — Directive Principle of State Policy (DPSP) directing the State to protect and improve the environment and to safeguard the forests and wildlife of the country.
• Article 51A(g) — Fundamental Duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife.

Committees and reports

• Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice - Report on 'Review of Functioning of Tribunal System in the Country' — Recommended that the NGT proactively use its suo motu powers for critical environmental concerns and called for stronger compliance monitoring through action-taken reports.

Previous UPSC questions on this theme

• Prelims GS-1 2018 — How is the National Green Tribunal (NGT) different from the Central Pollution Control Board (CPCB)? 1. The NGT has been established by an Act whereas the CPCB has been created by an executive order of the Government. 2. The NGT provides environmental justice and helps reduce the burden of litigation in the higher courts whereas the CPCB promotes cleanliness of streams and wells, and aims to improve the quality of air in the country. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2

Mains practice: Analyze the role of the National Green Tribunal (NGT) in environmental governance in India. What are the key challenges in its functioning, and how can they be addressed based on recent parliamentary recommendations?

The National Green Tribunal (NGT), established under the NGT Act 2010, is a specialized quasi-judicial body designed for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests. It plays a pivotal role in upholding the constitutional mandate of Article 21 (Right to a healthy environment).

Key Challenges in the Functioning of NGT:

• Enforcement Deficit: The NGT lacks a robust independent machinery to enforce its decisions, often relying on state pollution control boards and local administrations which may lack resources or political will.

• Vacancies and Understaffing: Persistent delays in appointing judicial and expert members hamper the tribunal's capacity to handle complex scientific disputes timely.

• Over-reliance on Joint Committees: The tribunal frequently delegates fact-finding to ad-hoc joint committees, which can delay final judgments and dilute direct accountability.

• Limited Territorial Reach: With only five benches across India (Principal Bench in New Delhi and four regional benches), accessibility remains a challenge for marginalized communities.

Measures to Address Challenges (Based on Parliamentary Recommendations):

• Proactive Suo Motu Action: The NGT must actively use its self-cognizance powers to address systemic crises like Indo-Gangetic air pollution, illegal sand mining, and deforestation before they escalate.

• Robust Compliance Monitoring: Establish a structured follow-up mechanism with the Ministry of Environment, Forest and Climate Change (MoEFCC) through regular Action-Taken Reports (ATRs).

• Clear Accountability: Explicitly fix responsibility on specific administrative heads for executing orders, minimizing bureaucratic delays.

• Institutional Strengthening: Ensure timely appointments of expert members to maintain the multi-disciplinary character of the tribunal.

Conclusion:

To transition from a reactive adjudicator to a proactive guardian of India's ecology, the NGT must be empowered with stronger enforcement teeth. Implementing the parliamentary panel's recommendations will ensure that environmental justice is not just pronounced, but effectively delivered.

Prelims practice questions

Q1. With reference to the National Green Tribunal (NGT), consider the following statements: 1. It is bound by the procedure laid down under the Code of Civil Procedure, 1908. 2. An appeal against an order of the NGT lies directly to the Supreme Court of India. 3. The NGT has the jurisdiction to entertain cases related to the Wildlife (Protection) Act, 1972. Which of the statements given above is/are correct?

1. 1 and 2 only
2. 2 only
3. 2 and 3 only
4. 1, 2 and 3

Answer: B. Statement 1 is incorrect: Under Section 19 of the NGT Act, the tribunal is not bound by the Code of Civil Procedure, 1908, but is guided by the principles of natural justice. Statement 2 is correct: Under Section 22 of the NGT Act, an appeal against an award, decision, or order of the NGT lies directly to the Supreme Court of India within 90 days. Statement 3 is incorrect: The NGT's jurisdiction covers seven specific environmental laws listed in Schedule I of the NGT Act. Notably, the Wildlife (Protection) Act, 1972 and the Indian Forest Act, 1927 are excluded from its jurisdiction.

Q2. Which of the following landmark judgments of the Supreme Court of India affirmed that the National Green Tribunal (NGT) possesses 'suo motu' (of its own motion) powers to initiate proceedings?

1. Vellore Citizens Welfare Forum v. Union of India
2. Municipal Corporation of Greater Mumbai v. Ankita Sinha
3. Karnataka Industrial Areas Development Board v. C. Kenchappa
4. M.C. Mehta v. Union of India

Answer: B. In the landmark case of Municipal Corporation of Greater Mumbai v. Ankita Sinha (2021), the Supreme Court held that the NGT has the power to take up environmental matters suo motu (on its own motion) without a formal petition, recognizing it as a vital tool for environmental justice.

Q3. Consider the following statements regarding the composition and mandate of the National Green Tribunal (NGT): 1. The Chairperson of the NGT is appointed by the Central Government in consultation with the Chief Justice of India. 2. The tribunal must consist of equal numbers of judicial and expert members, with a minimum of ten of each. Which of the statements given above is/are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer: C. Statement 1 is correct: The Chairperson is appointed by the Central Government in consultation with the Chief Justice of India (CJI). Statement 2 is correct: The NGT Act mandates that the tribunal shall consist of a full-time Chairperson, and not less than 10 and maximum 20 full-time Judicial Members and Expert Members.

Revision flashcards

• In which year was the National Green Tribunal (NGT) established, and under which Act? The NGT was established in 2010 under the National Green Tribunal Act, 2010.
• Is the NGT bound by the Code of Civil Procedure, 1908? No. The NGT is not bound by the Code of Civil Procedure, 1908, but is guided by the principles of natural justice.
• Which major wildlife and forest protection act is notably excluded from the NGT's Schedule I jurisdiction? The Wildlife (Protection) Act, 1972 (and the Indian Forest Act, 1927) are excluded from the NGT's jurisdiction.
• What is the time limit mandated for the NGT to secure the final disposal of environmental applications/appeals? The NGT is mandated to make an endeavor to dispose of cases finally within 6 months of their filing.
• What is the statutory provision for appealing an NGT decision? An appeal against an NGT order lies directly to the Supreme Court of India, to be filed within 90 days of the communication of the decision.