Supreme Court Issues Notice on Plea Seeking Appointment of NGT Members
Kiran Raj
The Supreme Court has issued a notice on a plea urging the appointment of Judicial and Expert Members to the National Green Tribunal (NGT), highlighting a critical shortage that is affecting the tribunal’s ability to function effectively.
The petition, filed by the NGT Bar Association (Western Zone), states that the tribunal is operating below its legally mandated strength, creating delays in environmental litigation and enforcement of green laws.
Under the National Green Tribunal Act, 2010, the NGT must have at least ten Judicial Members and ten Expert Members to ensure balanced decision-making in environmental disputes. However, as of now, the tribunal is functioning with only six Judicial Members and five Expert Members.
The situation is expected to deteriorate further, with two Judicial Members set to retire by April 2025 and four Expert Members by November 2025. The plea also highlights that Justice Sheo Kumar Singh is currently serving on an extension granted by the Supreme Court in January 2023, adding to the urgency of filling these vacancies.
The shortage of members threatens to "cripple the functioning of the tribunal," the petition argues, as every bench must include an equal number of Judicial and Expert Members as per Section 4(4)(c) of the NGT Act. Delays in appointments could lead to a backlog of cases, undermining the tribunal’s role in adjudicating environmental disputes.
The petition names key government bodies as respondents, including:
- The Ministry of Environment, Forest and Climate Change
- The Ministry of Law and Justice
- The Registrar General of NGT
- The Registrar of NGT (Western Zone)
A Supreme Court bench led by Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar heard the matter on February 3, 2025. After considering the plea, the court issued a notice to the respondents, returnable in the week commencing March 24, 2025. The notice will be served through all modes, including dasti (personal service).
Case Title: NGT BAR ASSOCIATION (WESTERN ZONE) vs UNION OF INDIA & ORS.
Case No: WP(C) No. 72 / 2025
Bench: Chief Justice Sanjiv Khanna and Justice Sanjay Kumar
[Read/Download order]
