Lawyer Appeals to CJI for Establishment of ‘Green Benches’ in All High Courts

In a significant move towards enhancing environmental jurisprudence, a prominent lawyer has written to Chief Justice of India, D Y Chandrachud, requesting the establishment of dedicated “green benches” in every high court across the country. This proposal aims to expedite the adjudication of environmental matters, which are becoming increasingly crucial amidst escalating ecological challenges.

Advocate and environmental activist Akash Vashishtha, who penned the letter on Saturday, emphasized the urgency of the situation by pointing out the unprecedented climate disasters and severe ecological assaults the nation is currently facing. He noted that while the National Green Tribunal (NGT) has been a vital platform for resolving environmental disputes, its scope and efficacy are hindered by the limitations inherent in the National Green Tribunal Act, 2010.

Vashishtha argued that remedies available under Article 226 of the Indian Constitution provide broader legal recourse, allowing citizens to seek compensation for environmental damages affecting both public and private interests. He stressed that the existing mechanisms under the NGT Act are insufficient for the comprehensive redressal of environmental grievances.

The advocate highlighted the critical need for a robust, permanent, and dedicated mechanism to address issues related to the environment, ecology, and climate change effectively. He suggested the creation of one or more “green benches” in all 25 high courts of India, modeled after the successful implementation of similar benches in the Supreme Court.

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The configuration of these specialized benches, according to Vashishtha, should consider the operational scale of each high court, the number of judges available, and the population size within the respective states under their jurisdiction.

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