Supreme Court Allows NGT Judicial Member To Continue Beyond Term Till Appointment Of New Member

Supreme Court of India directed that the National Green Tribunal to allow Justice Sheo Kumar Singh to hold office as a member of the tribunal until the process of selection of the Judicial Members was completed and the new Judicial Members took charge. 

A bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha was considering an application filed by Enviro Legal Defence Firm.  Advocate Kazi Sangay Thupden, appearing for the applicant, submitted that out of a sanctioned strength of 10 Judicial Members and 10 Expert Members, the National Green Tribunal had 6 Judicial Members and 5 Expert Members. Further, one of the Members of the NGT (Justice Sheo Kumar Singh) was due to demit office on 16 January 2023. The bench held–

"Justice Sheo Kumar Singh, shall continue to remain in office subject to his consent for continuance."

Mr Balbir Singh, Additional Solicitor General placed a note before the bench which stated that–

1. Steps had been initiated for selection of Judicial Members;

2. An advertisement was published in the national daily on 16 December 2022 and the last date of receiving applications was 12 January 2023.

For context, Section 4(1) of the National Green Tribunal Act 2010 provides that the Tribunal shall consist of not less than ten but subject to a maximum of twenty full time Judicial Members and the same number of Expert Members.

The Petition is now listed on 27 January 2023.

Case Title: CENTRAL ADMINISTRATIVE TRIBUNAL BAR ASSOCIATION KOLKATA & ANR. v. UNION OF INDIA & ORS. | Writ Petition (Civil) No.662/2022

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