Supreme Court Petition for NGT Member Appointments

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Supreme Court Petition for NGT Member Appointments

Synopsis

A plea has been submitted to the Supreme Court seeking the appointment of Judicial and Expert Members to the National Green Tribunal (NGT), highlighting the current shortage of members and upcoming retirements that may hinder its functioning.

Key Takeaways

  • Petition to appoint Judicial and Expert Members to NGT
  • Current strength is insufficient with upcoming retirements
  • NGT requires equal representation of members
  • Supreme Court scheduled to hear the plea
  • NGT addresses environmental issues in India

New Delhi, Feb 2 (NationPress) A petition has been submitted to the Supreme Court requesting the appointment of Judicial and Expert Members to the National Green Tribunal (NGT).

According to Section 4(1) of the National Green Tribunal Act, 2010, the NGT "shall consist of", "not less than ten" Judicial Members, and "not less than ten" Expert Members, as stated in the plea by the NGT Bar Association (Western Zone).

The petition emphasizes that the NGT is currently operating with only six Judicial Members and five Expert Members, with two Judicial Members set to retire by April this year, and four Expert Members expected to retire by November 2025.

“Furthermore, one Judicial Member (Justice Sheo Kumar Singh) remains in position due to an extension granted by this Hon'ble Court (Supreme Court) on 16.01.2023,” the petition notes.

The plea, submitted through advocate Dcosta Ivo Manuel Simon, argues that the absence of appointments could significantly “cripple the functioning of the Tribunal,” considering that Section 4(4)(c) requires every NGT bench to have an equal number of Judicial and Expert Members.

The petition includes as respondents the Union Ministries of Environment and Forest and Climate Change and Law and Justice, as well as the Registrar General of NGT and the Registrar of NGT (Western Zone). Under the National Green Tribunal Act, 2010, the NGT has the authority to address environmental matters and ensure the effective enforcement of environmental laws.

According to the causelist available on the apex court's website, a bench comprising CJI Sanjiv Khanna and Justice Sanjay Kumar is slated to review the plea filed by the NGT Bar Association (Western Zone) on Monday (February 3).