Lawstreet Journal

Supreme Court Hearing Plea on Constitutional Validity of National Green Tribunal Act [Live Update]

Lawstreet Journal 6 Apr 2022 12:48am

Image courtesy: Lawstreet Journal Judiciary Supreme Court Hearing Plea on Constitutional Validity of National Green Tribunal Act [Live Update]

SupremeCourt is hearing the plea assailing the constitutional validity of the National Green Tribunal Act

Justice KM Joseph: every case ultimately ends up in this court

AG KK Venugopal: I do not think it is in the domain of this court to decide which cases it should decide

Justice Joseph: we do not want to use the word, but legislature has been dumb in this regard, we don't want to use the word but that is the word. we do not know what happened to Roger Mathew.

AG: After Roger Mathew judgment, a tribunal reforms act was brought in and it was struck down. Now thereafter an ordinance was brought in and it is under challenge. Govt is quite clear that so far as court is concerned, it is a policy issue we have maintained.

Justice Joseph: Mr Gupta please argue

Adv Siddharth Gupta: we have challenged Section 3 of the NGT Act regarding establishment of tribunal

SC: Does it exclude article 226 or 227?

Gupta: in not so many words

SC: Is this a tribunal created under Articles 323 A or B

Gupta: It is a purely statutory tribunal.

SC: Context of the articles is regarding exercise of jurisdiction under 26 or 227. NGT does not take away HC jurisdiction in any manner

Gupta: the fact that you are providing direct appeal to SC, in the judgment regarding Madras Bar Association...

Justice Joseph: let us go method wise

Gupta: this does not have an explicit exclusion but has an implicit exclusion. this is by way of direct appeal in Supreme Court. Somewhat same… Continue Reading...

Tagged: National Green Tribunal  
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