Single Member Benches of NGT Cannot Be Constituted in View of Proviso to Section 4(4)(c) NGT Act: Supreme Court
[19 July 2022] The Supreme Court observed that single member benches of National Green Tribunal (NGT) cannot be constituted.
The proviso to Section 4(4)(c) NGT Act mandates that there shall be at least one expert member on the Bench, the bench comprising Justices DY Chandrachud and AS Bopanna observed. The court added that a delegated legislation must be in conformity with the enactment of the legislature which authorises its making.
Section 4(4)(c) of the NGT Act 2010 empowers the Central Government to make rules, in consultation with the Chairperson of the Tribunal, regulating generally the practices and procedure of the Tribunal including the minimum number of Members who shall hear the applications and appeals in respect of any class or classes of applications and appeals.
The proviso to this reads thus: Provided that the number of Expert Members shall, in hearing an application or appeal, be equal to the number of Judicial Members hearing such application or appeal.