The Supreme Court on Tuesday observed that the National Green Tribunal does not have the powers to examine validity of laws or strike down laws (Environment Support Group v. National Biodiversity Authority)..A three-judge Bench of Chief Justice of India (CJI) SA Bobde and Justices AS Bopanna and V Balasubramanian was hearing a case relating to challenge to Section 40 of the Biodiversity Act. ."Prima Facie we are of the view that the National Green Tribunal cannot strike down a law," CJI Bobde said. .Senior Advocate Nikhil Nayyar appearing for the petitioner, NGO Environment Support Group concurred with the same. "It has been clarified in the Sterlite case (that NGT cannot strike down laws)," Nayyar said. .Section 40 of the Biological Diversity Act, 2002 was challenged before the Karnataka High Court which transferred the case to NGT. The present case challenged the High Court order transferring the matter to NGT.It was contended that the NGT does not have power to decide on vires of laws. The Supreme Court on Tuesday ordered stay on proceedings before NGT and posted the case for further hearing next week.
The Supreme Court on Tuesday observed that the National Green Tribunal does not have the powers to examine validity of laws or strike down laws (Environment Support Group v. National Biodiversity Authority)..A three-judge Bench of Chief Justice of India (CJI) SA Bobde and Justices AS Bopanna and V Balasubramanian was hearing a case relating to challenge to Section 40 of the Biodiversity Act. ."Prima Facie we are of the view that the National Green Tribunal cannot strike down a law," CJI Bobde said. .Senior Advocate Nikhil Nayyar appearing for the petitioner, NGO Environment Support Group concurred with the same. "It has been clarified in the Sterlite case (that NGT cannot strike down laws)," Nayyar said. .Section 40 of the Biological Diversity Act, 2002 was challenged before the Karnataka High Court which transferred the case to NGT. The present case challenged the High Court order transferring the matter to NGT.It was contended that the NGT does not have power to decide on vires of laws. The Supreme Court on Tuesday ordered stay on proceedings before NGT and posted the case for further hearing next week.