Supreme Court Ensures Continuity at the National Green Tribunal
In a significant move to prevent disruption at the National Green Tribunal (NGT), the Supreme Court has extended the tenure of two Judicial Members and one Expert Member whose terms were set to expire today. The extension will remain in effect until new appointments are made. This decision aims to ensure the seamless operation of the NGT during the interim period.
The ruling, handed down by a Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana, is designed to prevent any interruption in the tribunal’s daily functions. The Court stated, “In order to ensure that the day-to-day functioning of the National Green Tribunal is not hampered, we direct continuation of the two Judicial Members and one Expert Member as an interim measure till fresh appointments are made in their place.”
Attorney General Highlights Tribunal Vacancies
Attorney General R Venkataramani informed the Court of the broader issue of vacancies across various tribunals during the transition to the Tribunal Reforms Act, 2026. He noted that 248 tribunal members were eligible for tenure extensions under Section 24 of the new legislation. Of these, extension orders have already been issued for 229 members, with orders for the remaining 19 expected shortly.
The Supreme Court had previously extended the tenure of tribunal members whose terms were set to lapse between March and September, subject to age limitations. However, the NGT Bar Association raised concerns that certain zonal benches could become non-functional due to expiring tenures, as the NGT Act does not allow for a single-member bench.
Clarifying Tribunal Member Extensions
Chief Justice Kant clarified that tribunal members who have served less than five years could continue until they complete the five-year term, provided they do not exceed the legal age limit. The Court instructed the Centre to issue formal extension orders based on these criteria.
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The Attorney General highlighted a peculiar issue with the NGT, where the members in question had already reached the maximum permissible age, complicating their tenure extension. Nonetheless, the Court allowed these members to remain temporarily to ensure that tribunal operations are not disrupted.
Streamlining Future Appointments
The Attorney General suggested that appointing new members could take approximately three months. Meanwhile, the Court urged the Centre to expedite the appointment process under the new statutory framework to address vacancies in other tribunals as well. The Court’s directive emphasized the need for timely appointments in line with the 2026 Act.
This ruling reflects the Supreme Court’s commitment to maintaining the functionality of crucial judicial bodies while navigating the transitional phase of the Tribunal Reforms Act, 2026.
