The Delhi High Court on Monday, 14th September, 2015, agreed to hear a plea challenging the establishment and jurisdiction of the National Green Tribunal (NGT) and also the rules for appointment of its chairperson, judicial and expert members. A bench of Chief Justice G. Rohini and Justice Jayant Nath admitted the plea which has sought to declare NGT as illegal, invalid and ultra vires of the constitution.
Filed by advocate Ravinder Kumar, the petition challenged the constitutional validity of various provisions of the NGT Act relating to the establishment and composition of the tribunal and qualifications required for appointing the chairman and judicial and expert members.
The plea alleged that the fixation of the terms of office of the chairman and judicial members smacked of political intervention statutorily incorporated in the NGT Act to accommodate post retirement, re-employment extension and benefits to judges of the Supreme Court, high courts and bureaucracy.
It may be pointed out the NGT has been established under the National Green Tribunal Act, 2010, which was passed by the Parliament and which came into force on 2nd June 2010.
As per Section 4 of this Act, NGT consists of a full time Chairperson, and not less than ten but subject to maximum of twenty full time Judicial Members as the Central Government may, from time to time, notify, and also not less than ten but subject to maximum of twenty full time Expert Members, as the Central Government may, from time to time, notify.
Section 5 of the said Act lays down that a person shall not be qualified for appointment as the Chairperson or Judicial Member of the NGT unless he is, or has been, a Judge of the Supreme Court of India or Chief Justice of a High Court, provided that a person who is or has been a Judge of the High Court shall also be qualified to be appointed as a Judicial Member.
Likewise, it also provides that a person shall not be qualified for appointment as an Expert Member of NGT, unless he:
- 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
- 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.
At present, a large number of cases relating to environment are being heard by the NGT and it is presently headed by its chairperson, Justice Swatanter Kumar, who is a former Judge of the Supreme Court.
