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Green tribunal to hear environmental cases
Nitin Sethi | TNN
New Delhi: In a bid to improve the antagonistic relationship between the judiciary and the Union government on environmental issues, the environment and forests ministry has prepared and circulated a green tribunal bill that would take the pressure off courts that are flooded with PILs on green issues.
The Cabinet note on the bill is currently under inter-ministerial discussions.
Environment minister Jairam Ramesh announced the decision to revitalise an old environmental tribunal bill and attempt to reduce the friction between the government and the judiciary.
The Supreme Court is empowered under the Environment Protection Act to create special bodies to look into environmental issues. Several such bodies were created in the past, which increased the role of judiciary and also led to confrontations between the judiciary and the environment ministry.
At the same time, the manner of constitution of some of these special court committees too came under the scanner.
The apex court has three committees on different environmental issues in Delhi with overarching powers, while a dozen-odd regional authorities with area specific mandates are also running - some of them for more than a decade.
Ramesh said that the judiciary had stepped in as the executive had either slept over the issue or taken questionable decisions.
He further said that the attorney general would present the issue before the Green Bench of the Supreme Court, which is headed by the Chief Justice of India, in order to resolve the issue and bring balance to the roles of both sides.
While admitting that the track record of judiciary was far superior on the environmental front during the last two decades, Ramesh said that if the Cabinet approved the draft, it would create regional tribunals that would create several forums for general public to raise legal environmental concerns, while not over-burdening the already creaking judicial system.
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