Section 5 of NGT : Section 5: Qualifications For Appointment Of Chairperson, Judicial Member And Expert Member

Explanation using Example

Imagine a scenario where the National Green Tribunal (NGT), which deals with environmental issues, is in need of appointing a new Chairperson. According to Section 5(1) of The National Green Tribunal Act, 2010, the candidates being considered for this position must have served as a Judge of the Supreme Court of India or as a Chief Justice of a High Court. One of the potential candidates, Justice Sharma, who is currently a High Court Judge with a profound interest in environmental law, is eligible to be appointed as a Judicial Member of the NGT.

In another instance, Dr. Gupta, a scientist with a Doctorate in Environmental Science and over 15 years of experience in climate change management, wishes to join the NGT as an Expert Member. As per Section 5(2)(a), Dr. Gupta's academic qualifications and practical experience in a national-level institution make him a strong candidate for the Expert Member role within the NGT.

Once appointed, both Justice Sharma and Dr. Gupta must adhere to Section 5(3) by dedicating their full attention to the Tribunal's work and not holding any other office.

Upon completing their terms, both individuals must also follow the post-tenure restrictions outlined in Section 5(4). For example, Justice Sharma cannot join a law firm that frequently represents clients in NGT proceedings for two years after his tenure ends, unless it is a role with the government or other specified institutions.