Govt tweaks rules, reduces judiciary control on India’s environment watchdog
7 years, 8 months ago

Govt tweaks rules, reduces judiciary control on India’s environment watchdog

Hindustan Times  

The Union government modified the process of appointments to the National Green Tribunal, bringing in clauses that experts say will considerably weaken the country’s environmental watchdog. The new rules do away with a condition that the NGT can only be headed by a former Supreme Court judge or the chief justice of a high court, and takes away the judiciary’s control on the process to appoint the tribunal’s members. How the rules have changed Then: Only retired SC or retired HC chief justice could be made chairperson Now: Anyone with at least “25 years of experience in law” can be chosen, in addition to retired judges Then: Chief justice had final say in appointment of chairperson and judicial members Now: Five-member panel, with most of members appointed by government, will choose chairperson and members Then: Chairperson can be removed only after consultation with the chief justice Now: The Union ministry can remove the chairperson or a judicial member after conducting an inquiry Then: Chairperson and members were appointed for five years, and paid salaries of a SC or HC judge Now: Term reduced to three years, and salary will be of a grade one officer Its chairperson will now be recommended by a five-member panel that will be led by the chief justice of India or a nominee of the CJI, but a majority of the other members — four out of five — in the panel will be recommended by the environment ministry. The National Democratic Alliance government has since 2014 attempted to dilute the powers of the green tribunal, currently headed by retired Supreme Court judge Swatanter Kumar.

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History of this topic

India should re-imagine the National Green Tribunal for better outcomes
2 months ago

India should re-imagine the National Green Tribunal for better outcomes

Live Mint  

In recent years, several grievances have been filed against the National Green Tribunal in the Supreme Court, claiming that it has overstepped its jurisdiction. However, the Supreme Court later set aside the NGT’s order, stating that the Tribunal lacked jurisdiction to entertain appeals against state government orders, in spite of the fact that the Tribunal is headed by a retired …

Environmental Law Weekly Round-Up [05 June-11 June,2023]
1 year, 9 months ago

Environmental Law Weekly Round-Up [05 June-11 June,2023]

Live Law  

A weekly round-up of development in environmental law jurisprudence. The Union of India Other Updates National Green Tribunal 1.National Green Tribunal Constitutes Fact Finding Committee In Yamuna Illegal Mining Case, Seeks Action Taken Report Case Title: Ravinder Kumar v.State of Haryana The principal bench of the National Green Tribunal has constituted a fact-finding committee to collect factual information and submit …

National Green Tribunal seeks suggestions from Centre, others on waterlogging issue
2 years, 6 months ago

National Green Tribunal seeks suggestions from Centre, others on waterlogging issue

India TV News  

Highlights NGT seeks suggestions from Central government and others on rainwater blockage issue on roads NGT sought suggestions on a plea to ensure free flow of rainwater on flanks of roads Principal bench of NGT headed by its Chairperson Justice Adarsh Kumar Goel heard the application The National Green Tribunal has sought suggestions from the Centre and others on a …

"Show Us One Appointment You Made": Supreme Court To Centre In Tribunal Matter- Read Full Courtroom Exchange
3 years, 7 months ago

"Show Us One Appointment You Made": Supreme Court To Centre In Tribunal Matter- Read Full Courtroom Exchange

Live Law  

The Supreme Court on Monday demanded from the Centre the rationale behind the recently-passed Tribunal Reforms Act, 2021 after the Court struck down the Tribunals Reforms Ordinance, 2021.The bench of Chief Justice N. V. Ramana and Justices Surya Kant and Aniruddha Bose was hearing a petition seeking directions for the constitution of the Goods. On the last occasion, Supreme Court …

Advocates With Ten Years Experience Can Be Appointed As Judicial Members Of Various Tribunals: Centre Amends Tribunal Rules
3 years, 8 months ago

Advocates With Ten Years Experience Can Be Appointed As Judicial Members Of Various Tribunals: Centre Amends Tribunal Rules

Live Law  

The Central Government has amended the Tribunal, Appellate Tribunal and other Authorities Rules, 2020 enabling appointment of Advocates with ten years experience as Judicial Members of various Tribunals.The Amendment was notified yesterday and has come into force. Income-tax Appellate Tribunal under the Income tax Act, 1961 A person shall not be qualified for appointment as a Judicial Member, unless,–– he …

National Green Tribunal not vested with powers to examine validity of any law: SC
3 years, 11 months ago

National Green Tribunal not vested with powers to examine validity of any law: SC

Deccan Chronicle  

New Delhi: The Supreme Court on Tuesday said that the National Green Tribunal was not vested with the powers to examine the validity of any law or to strike it down. “Prima facie we are of the view the National Green Tribunal can’t strike down a law,” said Chief Justice Sharad A. Bobde, heading a bench that also comprised Justices …

Supreme Court Issues Notice On A Petition Seeking Appointment Of A National Regulator To Oversee The Environmental Violations In The Country
4 years, 1 month ago

Supreme Court Issues Notice On A Petition Seeking Appointment Of A National Regulator To Oversee The Environmental Violations In The Country

Live Law  

Supreme Court Issues Notice To Central Government In Plea Seeking For Setting Up Of National Regulator To Oversee And Give Directions Related Environmental Clearances For Projects The Supreme Court on Thursday issued notice to the Central Government in a plea seeking for the appointment of a National Environmental Regulator to oversee and give directions pertaining to Environmental Clearances for projects. …

National Tribunals Commission Will Improve Effective Functioning & Enhance Public Image Of Tribunals : Supreme Court
4 years, 3 months ago

National Tribunals Commission Will Improve Effective Functioning & Enhance Public Image Of Tribunals : Supreme Court

Live Law  

The Supreme Court on Friday, while issuing a slew of directions to the Centre to amend the Tribunal Rules, 2020, directed the Union of India to constitute a National Tribunals Commission to supervise the appointments and functioning of Tribunals. The Court took into account the suggestion of Senior Advocate Arvind P. Datar, the Amicus Curiae, that setting up a National …

The hues in the green tribunal’s resilient journey
4 years, 5 months ago

The hues in the green tribunal’s resilient journey

The Hindu  

Yesterday was a significant day, as it marked the 10th anniversary of the National Green Tribunal, or NGT. A tribunal, staffed with judges and environmental experts, would need to be empowered to hear these issues so that the burden on the High Courts and the Supreme Court could be reduced. The quality of time spent on these issues could also …

Efficacious Remedy For Breach Of Orders Of NGT Is Under Sec.26 Of NGT Act And Not Before Magistrate Under Sec.15 EPA : Bombay HC [Read Judgment]
5 years, 10 months ago

Efficacious Remedy For Breach Of Orders Of NGT Is Under Sec.26 Of NGT Act And Not Before Magistrate Under Sec.15 EPA : Bombay HC [Read Judgment]

Live Law  

While quashing the process issued by a judicial magistrate on a complaint filed under Section 15 of the Environment Protection Act 1986 alleging violation of orders of the National Green Tribunal, the Bombay High Court has observed that the efficacious remedy in such cases is to approach the NGT itself under Section 26 of the NGT Act. A question raised …

SC Appoints Former Karnataka HC Judge Jawad Rahim as Acting Chairperson of National Green Tribunal
6 years, 11 months ago

SC Appoints Former Karnataka HC Judge Jawad Rahim as Acting Chairperson of National Green Tribunal

Live Law  

The Supreme Court has appointed former Karnataka High Court Judge, Justice Jawad Rahim as the acting chairperson of the National Green Tribunal (NGT). The appointment was made by a Bench comprising Chief Justice of India Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud on a Petition filed by the NGT Bar Association. The petition challenged the Constitutional validity of …

Former Karnataka HC Judge Jawad Rahim Appointed As Acting Chairperson Of National Green Tribunal By SC [Read Order]
6 years, 11 months ago

Former Karnataka HC Judge Jawad Rahim Appointed As Acting Chairperson Of National Green Tribunal By SC [Read Order]

Live Law  

The Supreme Court on Tuesday appointed former Karnataka High Court Judge, Justice Jawad Rahim as the acting Chairperson of the National Green Tribunal.The appointment was made by a Bench comprising Chief Justice of India Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. The Supreme Court on Tuesday appointed former Karnataka High Court Judge, Justice Jawad Rahim as the acting Chairperson …

SC Issues Notice On All India Lawyers Union’s Petition Against Diluting Finance Act Provisions On Tribunals, Including NGT
7 years, 6 months ago

SC Issues Notice On All India Lawyers Union’s Petition Against Diluting Finance Act Provisions On Tribunals, Including NGT

Live Law  

The Supreme Court, on Monday, issued notice on the Writ Petition filed by the All India Lawyers Union that has challenged the provisions of the Finance Act, 2017 which confer “unanalyzed and uncontrolled power to the executive” to provide for qualifications and conditions of service of members of various tribunals, especially the National Green Tribunal.The Petition challenges Sections 182. The …

All India Lawyers Union Petitions SC Against Diluting Finance Act Provisions On Tribunals, Including NGT [Read Petition]
7 years, 7 months ago

All India Lawyers Union Petitions SC Against Diluting Finance Act Provisions On Tribunals, Including NGT [Read Petition]

Live Law  

The All India Lawyers Union has Petitioned the Supreme Court, challenging the provisions of the Finance Act, 2017 which confer “unanalyzed and uncontrolled power to the executive” to provide for qualifications and conditions of service of members of various tribunals, especially the National Green Tribunal.It challenges Sections 182 to 185 of the Finance Act, 2017 and the Rules framed. The …

All India Lawyers Union Petitions SC Against Diluting Finance Act Provisions On Tribunals, Including NGT [Read Petition]
7 years, 7 months ago

All India Lawyers Union Petitions SC Against Diluting Finance Act Provisions On Tribunals, Including NGT [Read Petition]

Live Law  

The All India Lawyers Union has Petitioned the Supreme Court, challenging the provisions of the Finance Act, 2017 which confer “unanalyzed and uncontrolled power to the executive” to provide for qualifications and conditions of service of members of various tribunals, especially the National Green Tribunal.It challenges Sections 182 to 185 of the Finance Act, 2017 and the Rules framed. The …

NGT issues Guidelines on Appointments in State Pollution Control Boards [Read Judgment]
8 years, 6 months ago

NGT issues Guidelines on Appointments in State Pollution Control Boards [Read Judgment]

Live Law  

After hearing a plea challenging the constitution of the Uttarakhand State Pollution Control Board, a five-member bench of the National Green Tribunal on Saturday issued guidelines in respect of eligibility for appointment of Chairman, Member Secretary and members of State Pollution Control Boards.The bench comprising NGT Chairperson Justice Swatanter Kumar, Justice M. Sasidharan. After hearing a plea challenging the constitution …

Delhi HC to hear plea challenging jurisdiction of NGT
9 years, 6 months ago

Delhi HC to hear plea challenging jurisdiction of NGT

Live Law  

The Delhi High Court on Monday, 14th September, 2015, agreed to hear a plea challenging the establishment and jurisdiction of the National Green Tribunal and also the rules for appointment of its Chairperson, Judicial and Expert Members.The NGT has been established under the National Green Tribunal Act, 2010, which was passed by the Parliament and which came into force on. …

Supreme Court directed government to appoint National Green Regulator
11 years, 2 months ago

Supreme Court directed government to appoint National Green Regulator

Live Law  

Three Judge Bench of the Supreme Court today directed the Union of India to appoint Regulator with its offices in as many states as possible rejecting the objection of Ministry of Environment and Forests. The bench opined, as follows; Hence, the present mechanism under the EIA Notification dated 14.09.2006, issued by the Government with regard to processing, appraisals and approval …

Supreme Court directed government to appoint National Green Regulator
11 years, 2 months ago

Supreme Court directed government to appoint National Green Regulator

Live Law  

Three Judge Bench of the Supreme Court today directed the Union of India to appoint Regulator with its offices in as many states as possible rejecting the objection of Ministry of Environment and Forests. The bench opined, as follows; Hence, the present mechanism under the EIA Notification dated 14.09.2006, issued by the Government with regard to processing, appraisals and approval …

Centre has 11 weeks to appoint eco clearance regulator
11 years, 2 months ago

Centre has 11 weeks to appoint eco clearance regulator

The Hindu  

The Supreme Court on Monday directed the government to appoint a Regulator with offices in States under the Environment Act, 1986 for appraising projects, enforcing environmental conditions for approvals and imposing penalties on polluters. Writing the order, Justice Patnaik said: “The present mechanism under the Environment Impact Assessment Notification dated 14.09.2006. is deficient in many respects and what is required …

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