NGT not a case of extra delegation of powers: SC: – INSIGHTSIAS

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GS Paper 2:

Topics Covered: Conservation related issues.

 

Context:

The Supreme Court recently upheld various provisions of the National Green Tribunal Act.

 

What’s the issue?

Madhya Pradesh High Court Advocates Bar Association had challenged certain provisions of the National Green Tribunal Act.

 

What has the Supreme Court ruled?

  • On Section 3 of NGT Act: It is not a case of the Central Government being given too much power. The provision gave the centre the authority to form the NGT. Therefore, the NGT benches can be located as per exigencies and it is not necessary to locate them in every State.
  • The National Green Tribunal‘s jurisdiction under Sections 14 and 22 of the NGT Act does not preclude the High Court’s jurisdiction under Articles 226 and 227 of the Constitution because the two are intertwined.

 

About NGT:

  • Established on 18th October, 2010 under the National Green Tribunal Act 2010.
  • Established for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
  • The Tribunal is not bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice.
  • NGT is mandated to make disposal of applications or appeals finally within 6 months of filing of the same.

With the establishment of the NGT, India became the third country in the world to set up a specialised environmental tribunal, only after Australia and New Zealand, and the first developing country to do so.

 

Composition:

Sanctioned strength: The act allows for up to 40 members (20 expert members and 20 judicial members).

Chairman: Is the administrative head of the tribunal, also serves as a judicial member and is required to be a serving or retired Chief Justice of a High Court or a judge of the Supreme Court of India.

Selection:

  1. Members are chosen by a selection committee (headed by a sitting judge of the Supreme Court of India) that reviews their applications and conducts interviews.
  2. The Judicial members are chosen from applicants who are serving or retired judges of High Courts.
  3. Expert members are chosen from applicants who are either serving or retired bureaucrats not below the rank of an Additional Secretary to the Government of India (not below the rank of Principal Secretary if serving under a state government) with a minimum administrative experience of five years in dealing with environmental matters. Or, the expert members must have a doctorate in a related field.

 

Insta Curious:

Did you know that the Wildlife (Protection) Act, 1972 and Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 have been kept out of NGT’s jurisdiction?

  • This restricts the jurisdiction area of NGT and at times hampers its functioning as the crucial forest rights issue is linked directly to the environment.

 

InstaLinks:

Prelims Link:

  1. About NGT.
  2. Composition.
  3. Functions.
  4. Key judgements.

Mains Link:

Discuss the roles and functions of NGT.

 

[Q.4) Consider the following statements:

  1. The National Green Tribunal’s jurisdiction does not preclude the High Court’s jurisdiction under Articles 226 and 227 of the Constitution because the two are intertwined.
  2. The Tribunal is not bound by the procedure laid down under the Code of Civil Procedure, 1908.

Which of the above statements is/are correct?

    1. 1 only.
    2. 2 only.
    3. Both.
    4. None. ]

Sources: The Print.

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