Plea in Supreme Court Seeks Appointment of Judicial and Expert Members to NGT
A plea filed in the Supreme Court urges the appointment of judicial and expert members to the National Green Tribunal (NGT), citing vacancies that could impact its functioning. The case is set for hearing on February 3.
New Delhi: A plea has been filed before the Supreme Court of India, urging the appointment of Judicial and Expert Members to the National Green Tribunal (NGT).
The petition, filed by the NGT Bar Association (Western Zone), highlights a critical shortage of members, which is affecting the tribunal’s ability to function effectively.
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The Legal Framework Governing NGT Appointments
Under Section 4(1) of the National Green Tribunal Act, 2010, the NGT is mandated to have “not less than ten” Judicial Members and “not less than ten” Expert Members. These appointments are crucial for maintaining the tribunal’s efficiency in addressing environmental issues and ensuring compliance with environmental laws in India.
Current Shortage of Judicial and Expert Members
The plea underscores that the NGT is currently operating with only six Judicial Members and five Expert Members, which is significantly below the legally mandated strength. Furthermore, the situation is expected to worsen as two Judicial Members are set to retire by April 2025, and four Expert Members are due for retirement by November 2025.
Additionally, the petition points out that Justice Sheo Kumar Singh is currently serving based on an extension granted by the Supreme Court on January 16, 2023. This highlights the urgency of new appointments to prevent further disruptions in the tribunal’s functioning.
Implications of the Shortage
The lack of sufficient appointments poses a severe challenge to the NGT’s operational efficiency. As per Section 4(4)(c) of the National Green Tribunal Act, every bench must comprise an equal number of Judicial and Expert Members.
The petition argues that failing to fill these positions in a timely manner could “cripple the functioning of the Tribunal,” making it difficult to adjudicate environmental disputes effectively.
Respondents in the Petition
The plea has named multiple government bodies as respondents, including:
- The Ministry of Environment, Forest and Climate Change
- The Ministry of Law and Justice
- The Registrar General of NGT
- The Registrar of NGT (Western Zone)
The involvement of these key ministries underscores the petition’s demand for urgent action from the government to address the shortage.
Supreme Court Hearing and Future Implications
As per the Supreme Court’s cause list, a bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar is scheduled to hear the petition on Monday, February 3, 2025. The outcome of this hearing could have significant implications for the NGT’s ability to function efficiently in addressing critical environmental issues.
The lack of Judicial and Expert Members could lead to a backlog of cases, delaying crucial environmental decisions that impact industries, infrastructure projects, and conservation efforts.
By ensuring timely appointments, the government can uphold the NGT’s mandate of providing speedy and effective justice in environmental matters.
