The Institute of Company Secretaries of India (ICSI), through a representation dated July 20, 2026, requested the Ministry of Environment, Forest and Climate Change to amend Section 5(2) of the National Green Tribunal Act, 2010 to expressly include Company Secretaries in Practice as eligible for appointment as Expert Members of the National Green Tribunal. The representation states that the existing provision recognises specified scientific, technical and administrative qualifications and submits that Company Secretaries in Practice possess relevant expertise in corporate environmental compliance, sustainability governance, statutory reporting, environmental clearances, Business Responsibility and Sustainability Reporting, and Corporate Social Responsibility obligations relating to environmental protection. It also refers to Section 409(3)(d) of the Companies Act, 2013, under which Company Secretaries in Practice with at least fifteen years’ experience are eligible for appointment as Technical Members of the National Company Law Tribunal. ICSI requested that Section 5(2) be amended to include Company Secretaries in Practice with relevant professional experience in corporate environmental compliance and sustainability governance among the professionals eligible for appointment as Expert Members of the National Green Tribunal.
The Institute of Company Secretaries of India
CS Pawan G. Chandak
PRESIDENT
G&CL: NGT: JUL26 | Dated: July 20, 2026
Additional Secretary
Room No. P 506, Indira Paryavaran Bhawan, Jorbagh Road
Ministry of Environment, Forest and Climate Change (MoEFCC)
New Delhi – 110003
Respected Sir,
Subject: Request for Amendment to Section 5(2) of the National Green Tribunal Act, 2010 to expressly include Company Secretaries in Practice as eligible for Appointment as Expert Member of the National Green Tribunal
Greetings from the Institute of Company Secretaries of India!
The Institute of Company Secretaries of India (ICSI), constituted under the Company Secretaries Act, 1980, is the statutory professional body entrusted with the regulation and development of the profession of Company Secretaries in India. The Institute has consistently supported the Government and regulatory authorities in strengthening the compliance ecosystem by ensuring greater transparency, accountability and adherence to statutory requirements.
We wish to draw your kind attention to Section 5(2) of the National Green Tribunal Act, 2010 (“the Act”), which prescribes the qualifications for appointment as an Expert Member of the National Green Tribunal (“NGT”). The provision reads as under:
“A person shall not be qualified for appointment as an Expert Member, 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 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 experience of five years in dealing with environmental matters in the Central or a State Government or in a reputed National or State level institution.”
The provision, as it stands, recognises persons with a postgraduate scientific or technical qualification and specialised practical experience in environmental and forest-related fields, or persons with administrative experience in dealing with environmental matters in Government or reputed institutions. We respectfully submit that Company Secretaries in Practice, given their statutory role in ensuring corporate compliance with environmental laws, regulations and disclosure requirements, possess directly relevant expertise and should also be recognised as eligible professionals under this provision.
ICSI Submission:
We therefore request that Section 5(2) of the Act be suitably amended to expressly include Company Secretaries in Practice, possessing relevant professional experience including substantial experience in corporate environmental compliance and sustainability governance, among the professionals eligible for appointment as Expert Member.
Justification:
Company Secretaries in Practice possess specialised knowledge of corporate laws, regulatory compliance and statutory reporting, and are increasingly entrusted with ensuring corporate compliance with environmental statutes, monitoring environmental clearances and approvals, and overseeing Business Responsibility and Sustainability Reporting and Corporate Social Responsibility obligations relating to environmental protection under the Companies Act, 2013. Independent verification and certification of legal and regulatory compliance, including environmental compliance, is one of the core functions of the profession. These responsibilities closely align with the objectives of the National Green Tribunal to ensure effective enforcement of environmental laws and compliance by corporate and other entities.
Further, the competence of Company Secretaries in Practice to serve in adjudicatory and quasi-judicial bodies has already been recognised by Parliament. Under Section 409(3)(d) of the Companies Act, 2013, a person who is or has been in practice as a Company Secretary for at least fifteen years is expressly qualified for appointment as a Technical Member of the National Company Law Tribunal. This statutory recognition, at the level of a Tribunal exercising wide-ranging adjudicatory powers, affirms that the profession possesses the requisite expertise, standing and experience to discharge quasi-judicial functions.
Given this established statutory role, and the growing intersection between corporate governance and environmental compliance, Company Secretaries in Practice are well placed to contribute meaningfully to the adjudicatory and regulatory functions of the National Green Tribunal relating to corporate environmental accountability.
Their inclusion would widen the pool of qualified professionals available for appointment, support timely and effective functioning of the National Green Tribunal, and further the Government’s objective of Ease of Doing Business, while strengthening compliance and governance standards in environmental matters.
We respectfully request that this request be favourable considered and Section 5(2) of the Act be amended accordingly. We would be glad to furnish any further information or clarification that may be required in this regard.
Thanking you
Yours faithfully
(Signature)
(CS Pawan G. Chandak)
President
The Institute of Company Secretaries of India
