In a landmark move aimed at embedding the principles of the “environmental rule of law” into India’s environmental governance, the Supreme Court has outlined key features that environmental bodies must adopt to effectively safeguard forests, wildlife, and the environment. The court’s directives come in response to the Ministry of Environment, Forest and Climate Change’s September 5, 2023 notification, establishing the Central Empowered Committee (CEC) as a permanent body for monitoring and ensuring compliance with the Supreme Court’s orders on environmental matters.
Highlighting the pivotal role of environmental bodies in maintaining ecological balance, the Bench of Justices BR Gavai, PS Narasimha, and Prashant Kumar Mishra issued a set of comprehensive guidelines, underscoring the importance of clear composition, qualifications, funding, and demarcation of roles for these authorities. The court emphasized the necessity of public accessibility to rules and regulations, detailed procedures for permissions and approvals, and the formulation of accountability norms.
The judgment, delivered in the long-standing TN Godavarman Thirumulpad case initiated in 1995, addresses two crucial aspects: the institutionalization and reconstitution of the CEC and the effective functioning of authorities responsible for environmental protection. The court expressed satisfaction with the CEC’s permanent status under the administrative control of the Ministry of Environment, Forest and Climate Change, ensuring periodic review and audit of its operations.
To enhance transparency and efficiency, the court directed the CEC to formulate guidelines for internal functions, public meetings, site visits, and publication of reports. Additionally, the court emphasized the judiciary’s role in ensuring that emerging bodies adhere to institutional norms of efficiency, integrity, and certainty in environmental governance.
The court’s decision underscores the evolving landscape of environmental law, from the original constitution of the CEC in 2002 to its recent transformation into a permanent statutory body in 2023. The move towards institutional transparency and accountability reflects a commitment to environmental rule of law, with the judiciary maintaining a vigilant role in judicial review, particularly in environmental matters.
The Supreme Court’s directive marks a significant stride toward effective environmental governance, setting the stage for enhanced accountability and protection of India’s rich ecological heritage.
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