NGT Bar Association assails move to constitute single member benches

The problems faced by the severely understaffed National Green Tribunal (NGT) will now be looked into by the Supreme Court. This, after the NGT Bar Association filed a petition challenging the validity of the National Green Tribunal (Practices and Procedures) Amendment Rules, 2017..The 2017 Amendment Rules seek to enable the constitution of single member benches at various zonal branches of the Tribunal across the country. This, the NGT Bar Association contends in its petition, is contrary to the scheme and intent of the National Green Tribunal Act, 2010..It is contended that this move is contradictory to Section 4(4)(c) of the Act, which provides that the number of judicial members of the bench must be equal to the number of expert members. Further, Rule 5 of the NGT Rules mandates a minimum of two members – one judicial and one expert – to adjudicate cases..On December 1, the Centre had notified the 2017 Amendment Rules, which sought to add a proviso to Rule 3, enabling the Chairperson of the Tribunal to constitute a single member bench in exceptional circumstances. Subsequently, the Chairperson issued an office order directing the setting up of one-man benches at various parts of the country..The petition, filed through NGT Bar Association President Saurabh Kulkarni and drafted by advocate Kush Chaturvedi, also reveals the lack of personnel at the Tribunal. As per Section 4(1)(b) of the Act, the Tribunal must consist of at least ten judicial members and ten expert members. However, there are currently only five judicial members and two expert members. Things are likely to get worse in February 2018, by which time two more judicial members will retire..The number of vacancies, the petition contends, cannot be deemed to be “an exceptional circumstance” so as to warrant the setting up of single member benches. Further, it is the duty of the Centre to maintain the minimum number of members, as laid down in Section 4..Therefore, the petitioner association has sought an order from the Court deeming the 2017 Amendment Rules as ultra vires the NGT Act and Rules..The petition was filed last week and will likely come up for hearing after the vacations..Read the petition: