Case Note & Summary
The Supreme Court heard a batch of civil appeals against the judgment and order dated 24 August 2016 passed by the National Green Tribunal (NGT) in Original Application No. 318 of 2013. The NGT had been perturbed that some persons appointed to the State Pollution Control Boards (SPCBs) did not have the necessary expertise or qualifications, and it directed the State Governments to reconsider those appointments and also laid down guidelines for future appointments. The Supreme Court shared the NGT's anguish but held that the Tribunal had exceeded its jurisdiction in issuing such directions. While commiserating with the NGT's concerns, the Court set aside the decision of the NGT, emphasizing that protection and preservation of the environment is extremely vital and that appointments to SPCBs must be made with due application of mind. The Court referenced Article 48A of the Constitution and concepts of sustainable development, public trust, and intergenerational equity, urging that State Governments take the responsibility seriously to avoid adverse consequences for future generations. The appeals were accordingly allowed and the NGT order set aside.
Headnote
A) Environmental Law - State Pollution Control Boards - Appointments - Constitution of India, Article 48A - NGT had directed reconsideration of appointments and laid down guidelines for appointment to SPCBs, citing lack of expertise and qualifications - Supreme Court held that while the concerns were valid, NGT exceeded its jurisdiction at law and set aside the order - Court observed that appointments should not be made casually and must recognize the critical duties of SPCBs under Article 48A - Held that NGT's directions were beyond its jurisdiction; appeal allowed (Paras 1-2).
Issue of Consideration
Whether the National Green Tribunal exceeded its jurisdiction in directing reconsideration of appointments to State Pollution Control Boards and laying down guidelines for such appointments?
Final Decision
The Supreme Court set aside the NGT order, finding that the Tribunal exceeded its jurisdiction, but stressed that appointments to SPCBs must be made with due application of mind given the critical importance of environmental protection.
Law Points
- Article 48A of Constitution
- environmental jurisprudence
- sustainable development
- public trust
- intergenerational equity
- appointments to SPCBs should be made with due application of mind
