Context:
A plea before the National Green Tribunal (NGT) by an advocate has raised questions of propriety and potential conflict of interest against Justice Sudhir Agarwal, one of the tribunal’s six judicial members.
Background: –
In his plea admitted on May 22, advocate Gaurav Bansal alleged that Justice Agarwal had heard a case in which his son, Gaurav Agarwal, was appointed as an amicus by the Tribunal.
About National Green Tribunal (NGT)
Establishment: The National Green Tribunal was established in 2010 under the National Green Tribunal Act, 2010.
Objective: To provide effective and expeditious disposal of cases relating to environmental protection, conservation of forests, and other natural resources. It aims to enforce any legal right related to the environment and provide relief and compensation for damages caused to persons and property.
The Tribunal has a presence in five zones- North, Central, East, South and West. The Principal Bench is situated in the North Zone, headquartered in Delhi.
The Central zone bench is situated in Bhopal, East zone in Kolkata, South zone in Chennai and West zone in Pune.
The Tribunal is headed by the Chairperson who sits in the Principal Bench and has at least ten but not more than twenty judicial members and at least ten but not more than twenty expert members.
Key Features:
Composition – The tribunal consists of:
- Chairperson & Judicial Members: A person shall not be qualified for appointment as the Chairperson or Judicial Member of the Tribunal unless he is, or has been, a Judge of the Supreme Court of India or Chief Justice of a High Court: Provided that a person who is or has been a Judge of the High Court shall also be qualified to be appointed as a Judicial Member.
- Expert Members: Environmental experts with professional qualifications and experience.
Jurisdiction – Any person seeking relief and compensation for environmental damage involving subjects in the legislations mentioned in Schedule I of the National Green Tribunal Act, 2010 may approach the Tribunal. The statutes in Schedule I are:
- The Water (Prevention and Control of Pollution) Act, 1974;
- The Water (Prevention and Control of Pollution) Cess Act, 1977;
- The Forest (Conservation) Act, 1980;
- The Air (Prevention and Control of Pollution) Act, 1981;
- The Environment (Protection) Act, 1986;
- The Public Liability Insurance Act, 1991;
- The Biological Diversity Act, 2002.
Principles Applied:
- The Tribunal is not bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice.
- Polluter Pays Principle: The party responsible for pollution should bear the costs of managing and rectifying it.
- Precautionary Principle: Preventive action should be taken to avoid environmental harm.
- Sustainable Development: Balancing environmental conservation with developmental needs.
Powers: The NGT has the power to order:
- Compensation for environmental damage.
- Restoration of damaged ecosystems.
- Imposition of fines on entities violating environmental laws.
- Appeals:
- The Tribunal has powers to review its own decisions. If this fails, the decision can be challenged before the Supreme Court within ninety days.
- The Supreme Court has ruled that the NGT Act, 2010 doesn’t take away the jurisdiction of the High Court.So a decision of NGT can be appealed in high court also.
Additional Information : Conflict of Interest
Conflict of Interest means “any interest which could significantly prejudice an individual’s objectivity in the decision-making process, thereby creating an unfair competitive advantage for the individual or the organisation he/she represents”.
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