The Supreme Court of India has ruled that the National Green Tribunal (NGT) cannot outsource its responsibilities to Joint Committees. The decision highlights the need for the NGT to exercise its judicial authority and deliver decisions independently, without delegating its functions.
Background:
The case revolved around the NGT’s practice of setting up Joint Committees, often comprising various experts and officials from different agencies, to handle environmental cases. While these committees are tasked with investigating and submitting reports, concerns have been raised about the NGT abdicating its duty by relying too heavily on external bodies to make decisions on its behalf.
Court’s Rationale:
The Supreme Court emphasized that the NGT, as a specialized tribunal, has the legal mandate to make decisions on environmental matters and cannot pass on its responsibilities to other bodies. The court underlined that the NGT must be directly involved in the adjudication process and must not rely on external committees to fulfill its core functions.
Existing Measures:
The NGT has been instrumental in handling environmental disputes and has frequently used Joint Committees to assist in investigation and reporting. However, the court’s ruling signals that the NGT needs to ensure its direct involvement in decision-making to uphold its authority and responsibility.
Conclusion:
The Supreme Court’s decision reinforces the NGT’s role in environmental justice and clarifies that it cannot delegate its responsibilities to external committees. This ruling ensures that the tribunal will remain directly accountable for its decisions, which is essential for upholding environmental protection laws effectively.