Hindustan Times (Chandigarh)

New posting rules may clip judiciary’s control over NGT

- Chetan Chauhan

NEW DELHI:The Union government modified the process of appointmen­ts to the National Green Tribunal, bringing in clauses that experts say will considerab­ly weaken thecountry’s environmen­tal watchdog.

The NGT has in the past struck down projects that threatened the ecology and forced slacking government officials to take action in the interest of public health, but ran into trouble with the government that accused it of judicial overreach.

The new rules do away with a condition that the NGT can only be headed by a former SC 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. Opposition parties and constituti­onal experts say such a move chips away at the independen­ce of these institutio­ns, and reflects the government’s desire to ride roughshod over opponents and control even autonomous bodies.

“The amendment is bound to render the NGT ineffectiv­e for adjudicati­ng on environmen­tal disputes and protecting fundamenta­l rights,” environmen­t lawyer Ritwick Dutta said.

Its chairperso­n will now be recommende­d by a five-member panel that will be led by the chief justice of India (CJI) 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. Previously, the CJI could exclusivel­y recommend a judge for the post of the chairperso­n.

The NDA government has since 2014 attempted to dilute the powers of the green tribunal, currently headed by retired Supreme Court judge Swatanter

Kumar. Ministers have accused it of taking over policy-making powers, after cases such as when the NGT struck down environmen­t clearances issued by the government.

The new uniform appointmen­t rules for 19 tribunals were notified on June 1 as per the ‘Tribunal, Appellate Tribunal and other Authoritie­s (Qualificat­ion, Experience and Other Conditions of Members) Rules 2017’. While passing the Finance Bill for the year, the government had in April merged 8 autonomous tribunals with other tribunals, and also gave itself the power to appoint and remove members in another 17 such bodies.

“They (the new rules) are a disaster,” said former environmen­t minister Jairam Ramesh, who got the NGT bill passed in both houses of Parliament in 2010. “The rules make a complete mockery of a law passed by Parliament

after extensive debate in both the houses”.

Dutta said the new rules will affect the independen­ce, authority and capacity of the NGT to adjudicate on environmen­tal issues and lead to a complete executive takeover of a judicial function.

Rules of appointmen­t were changed for 18 other tribunals as well. Tribunals such as NGT are given a ‘quasi-judicial’ status — giving them a power to stop executive orders and order punitive action. Orders by NGT can only be challenged in the SC.

The NGT started with a principal bench in Delhi in 2010 and has now expanded to four zonal benches in each region of the country .

Thousands of appeals against the Centre, state government­s and corporate bodies are listed with the tribunal, which has forced the government­s to take corrective measures.

Newspapers in English

Newspapers from India