The Supreme Court agreed on Monday to advance an urgent hearing regarding the tenure of National Green Tribunal members before September 8, stepping in to avert the potential shutdown of multiple tribunal benches across the country.
A three-judge bench led by Chief Justice Surya Kant and comprising Justices Joymalya Bagchi and V Mohana decided to reschedule the matter, which had previously been listed for September 15. The decision followed submissions warning that a failure to extend terms or fill vacancies would bring proceedings at three regional benches to an immediate halt.
Threat Of Zonal Bench Closures
Appearing on behalf of the NGT Bar Association, counsel informed the court that the temporary tenure extension previously granted by the Supreme Court to select tribunal members lapses on September 8. Under the governing National Green Tribunal Act, benches are legally barred from functioning with a single member.
Counsel cautioned that without immediate judicial intervention or fresh appointments, three zonal bodies—including the Western Zone and Southern Zone benches—would be unable to conduct hearings.
The impending expirations would also impact the tribunal’s headquarters in New Delhi. While two benches currently operate at the Principal Bench, one is set to become defunct after the September 8 deadline, leaving only a single bench operational.
Concerns Over Appointment Delays Under New Law
During the proceedings, the Chief Justice observed that a new legislative framework governing tribunal appointments has come into effect. In response, counsel submitted that completing recruitment under the revised statutory process would take significant time, potentially three months or longer.
The bar association argued that such an administrative gap would paralyze regional operations, forcing all environmental litigation across the country to be redirected to the sole remaining bench in the national capital.
Counsel also highlighted the savings clause under Section 24 of the new enactment, arguing that recruitment procedures already underway ought to be finalized, though the present status of those appointments remains unclear.
Following these submissions regarding the imminent administrative deadlock, the bench confirmed it would list the petition for hearing ahead of the September 8 cutoff.
