IN RE: T. N. GODAVARMAN THIRUMULPAD versus UNION OF INDIA AND ORS.

IN RE: T. N. GODAVARMAN THIRUMULPAD versus UNION OF INDIA AND ORS.

The Court approved and gave effect to the Ministry of Environment, Forest and Climate Change Notification dated 05.09.2023 constituting the Central Empowered Committee as a permanent authority under Section 3(3) of the Environment (Protection) Act, 1986; held that the CEC’s constitution, powers, functions, composition, appointment and monitoring mechanisms set out in the notification address prior concerns about its ad hoc functioning; reiterated that decisions of Central or State Governments in relation to CEC recommendations remain subject to this Court’s orders; and directed the CEC to adopt measures to ensure institutional transparency, efficiency and accountability.

Parties
Petitioner: T. N. Godavarman Thirumulpad; Respondent: Union of India
Jurisdiction
India
Judgment Date
31 January 2024
Procedural Posture
Writ Petition (civil) / Judgment
Outcome
Approved Notification dated 05.09.2023 constituting the Central Empowered Committee as a permanent authority under Section 3(3) of the Environment (Protection) Act, 1986 and issued directions for its institutional transparency and functioning
Legal Topics
Central Empowered Committee, Institutionalisation, Environmental Rule of Law, Judicial Review, Environmental Governance
Environment Administrative Law Central Empowered Committee Institutionalisation Environmental Rule of Law Judicial Review Environmental Governance

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Parties

T. N. Godavarman Thirumulpad

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Judgment

Legal Issues

  1. 1 Institutionalisation and reconstitution of the Central Empowered Committee (CEC)
  2. 2 Extent and manner of CEC’s powers, functions, composition, tenure and accountability
  3. 3 Role of constitutional courts in ensuring environmental rule of law and institutionalisation of environmental regulators

Ratio Decidendi

The Court approved and gave effect to the Ministry of Environment, Forest and Climate Change Notification dated 05.09.2023 constituting the Central Empowered Committee as a permanent authority under Section 3(3) of the Environment (Protection) Act, 1986; held that the CEC’s constitution, powers, functions, composition, appointment and monitoring mechanisms set out in the notification address prior concerns about its ad hoc functioning; reiterated that decisions of Central or State Governments in relation to CEC recommendations remain subject to this Court’s orders; and directed the CEC to adopt measures to ensure institutional transparency, efficiency and accountability.

Court Disposition

Approved Notification dated 05.09.2023 constituting the Central Empowered Committee as a permanent authority under Section 3(3) of the Environment (Protection) Act, 1986 and issued directions for its institutional transparency and functioning

Orders

  • Approved Notification dated 05.09.2023 constituting the Central Empowered Committee as a permanent authority under Section 3(3) of the Environment (Protection) Act, 1986
  • Declared that the CEC shall continue to function subject to such orders and directions that the Supreme Court may pass from time to time