Supereme court orders to establish Central empowered committee to address issues regarding forest, environment and wildlife
Title: IN RE: T.N. GODAVARMAN THIRUMULPAD v UNION OF INDIA AND ORS
Citation: WRIT PETITION (CIVIL) NO. 202/1995
Dated on: 31.1.2024
Corum: HON’BLE JUSTICE B.R. GAVAI, JUSTICE PAMIDIGHANTAM SRI NARASIMHA
& JUSTICE PRASHANT KUMAR MISHRA
Facts of the case
The lawsuit began in 1995, when environmental activist T.N. Godavarman Thirumulpad filed a writ petition with the Supreme Court of India. Thirumulpad aimed to safeguard and conserve forests, wildlife, and the environment throughout the country. Over the years, the Court has issued numerous temporary orders and directions to address a variety of environmental challenges.
Centralized Empowered Committee (CEC):
In 2002, the Supreme Court established the CEC as an ad hoc body to supervise the implementation of its forest and wildlife rulings. The CEC was responsible for ensuring compliance with environmental standards and laws. However, issues were raised regarding the CEC’s operation, particularly its ad hoc character and the age of certain members.
Legal analysis
Section 3(3) of the Environment (Protection) Act, 1986 empowers the Central Government to constitute an authority or a committee for the purpose of exercising and performing such of the powers and functions of the Central Government under the Act as may be delegated to it. This section is relevant to the case because it was used by the Central Government to establish the Central Empowered Committee (CEC) as a permanent authority for monitoring and ensuring compliance with Supreme Court orders pertaining to the environment, forest, and wildlife, as well as related issues arising from them. The Supreme Court established the CEC as an ad hoc committee in 2002, but the Central Government institutionalised it as a statutory body in 2023 through a notification under Section 3(3) of the Act.
Court analysis and judgement
The Supreme Court in the present case authorized the notification issued by the Ministry of Environment, Forest, and Climate Change (MoEFCC) to establish the Central Empowered Committee (CEC) as a permanent statutory entity for monitoring and ensuring compliance with the Court’s environmental orders.
The Court ordered the CEC to take specific steps to increase institutional transparency, efficiency, and accountability in its operations, such as developing guidelines, operating procedures, and annual reports, as well as keeping a website and database of its cases and recommendations.
The Court also developed some new principles for effectively monitoring the various bodies, institutions, and regulators established to protect forests, wildlife, the environment, and ecology, such as the National Green Tribunal, the National Coastal Zone Management Authority, and the Central Groundwater Board. the importance of environmental rule of law, as well as the CEC’s function as a facilitator and catalyst in ensuring that the Court’s orders and environmental laws and regulations are followed.
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Written by- Namitha Ramesh