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SC issued a notice against Center after a petition filed by NGT regarding the changes brought by Finance Act 2017

Team SoOLEGAL 28 Jul 2017 5:46pm

SC issued a notice against Center after a petition filed by NGT regarding the changes brought by Finance Act 2017

The Supreme Court enacted against the center, on Friday, favoring a petition, filed against the alterations brought by the Finance Act 2017, in the National Green Tribunal Act. SC issued a notice against Center following a petition filed by NGO SAFE (Social Action for Forest and Environment), says it would deteriorate the performance of environment court and drains its powers.

Chief Justice J S Khekar issued the notice against the center and sought its reply on the petition filed by NGO Social Action for Forest and Environment, which is being represented by Advocate Ruchira Goel. This petition is challenging the 14th part of the Finance Act 2017 and tribunal rules framed under it.

Vivek  Chib, the counsel for the petitioner contended that the new administration of appointments and expulsion of judges in tribunal brought up by the Finance Act, 2017 is terribly illegal and as opposed to the current judgment of the Supreme Court where the National Tax Tribunal Act was announced unconstitutional.

SAFE’s Vikrant Tongad stated; The petition includes all the 19 legal tribunals, however, its concentration is with respect to the weakening of the standards for appointment of judicial members by the central government inducing infringement of the essential structure of the constitution in terms separation of power, rule of Law and independence of judiciary. Its principle focus is to weaken the National Green Tribunal since we work in the field of environment. On the following date of trial, the Supreme Court will discuss whether the functioning of the rules will continue or not.

The NGT was founded on October 18, 2010, since its beginning they have concluded many tasks of great value like Yamuna Rejuvenation Project and Clean Ganga Project, prohibited uses of diesel vehicles over 10 years old, preventing burning of crop and waste materials.

Under the Finance Act that introduced on April 1, 2017, the ministry of Finance encircled the Tribunal, Appellate Tribunal and many authorities (Qualifications, Experiences, and other Conditions of Service of Members) Rules 2017, which affected the inter alia, the constitution, qualifications, appointments, removal and other terms and conditions of all the members of the 19 tribunals, including the NGT. 

Read the Petition Here

Tagged: Supreme Court   Justice J S Khekar  
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