1. Constitution of a central authority by the Central Government pursuant to a court judgment. (Para 1 )
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1999 Supreme(SC) 265
SUPREME COURT OF INDIA
D.P.Wadhwa : S.Saghir Ahmad
Indian Council For Enviro Legal Action
Versus
Union Of India
Case No. : 664 of 1993
Date of Decision : 3/8/99
National authorities constituted for regional or coastal oversight should ensure balanced geographical representation and include non-governmental organizations to maintain inclusivity and diverse expertise.
Headnote:(A) Administrative Law - Constitution of Central Authority - Representation of States and NGOs - The composition of a national authority should ensure balanced representation from various relevant regions and include non-governmental organizations to ensure diverse expertise and geographical inclusivity. (Para 2)
Facts of the case:
Following a previous court order, the central government constituted a central authority and authorities in coastal states via notification. It was brought to the court's attention that the central authority lacked adequate representation from various coastal states, with multiple members hailing from a single state, and there were queries regarding the representation of non-governmental organizations.
Findings of Court:
The court observed that while representation from one state is acceptable, the induction of multiple non-specialists from the same state in a national authority is not justifiable when other coastal states could be represented.
Issues: Whether the composition of the central authority is geographically balanced and whether it adequately represents non-governmental organizations.
Ratio Decidendi: National authorities constituted to oversee regional or coastal matters should maintain a balanced geographical distribution of members to ensure fair representation of all affected states.
Result: The court directed the government to seek instructions on replacing members from one state with representatives from other coastal states and listed the matter for further hearing.
Legal Category Hierarchy
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administrative law
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statutory authorities
- composition and representation (Para 2)
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statutory authorities
Table of Contents
2. Request for non-governmental organisation representation and balanced regional representation of coastal states in the national authority. (Para 2 )
3. Induction of multiple non-specialists from a single state in a national authority is disproportionate and lacks regional balance. (Para 2 )
4. National authorities should ensure balanced regional representation from various coastal states to avoid disproportionate representation from a single state. (Para 2 )
5. Government directed to consider replacing disproportionate state representation in the national authority with representatives from other coastal states. (Para 2 , 3 , 4 )
6. Should a national authority ensure balanced regional representation in its composition?
Yes, the court observed that inducting multiple non-specialists from a single state in a national authority is disproportionate when representatives from other coastal states could be included to ensure balance. (Para 2 )
(1) IN pursuance of the judgment passed by this Court on 18/4/1996, the Central Government has constituted the central authority by its notification dated 26/11/1998.
(2) MR M.C. Mehta, who is appearing in person drew our attention to the need for representation of non-governmental organisations (NGOs) in the national authorities and the authorities which have also been constituted by the coastal States by separate notifications issued on that date. It is pointed out by Mr Altaf Ahmed, learned Additional Solicitor General that Father Thomas Kocherry at Serial No. 8 in the central authority represents a non-governmental organisation."That may be so, but we do not understand why 3 persons, namely, Shri Bal Mane, Shri Shiva Kashinath Naik and Shri Rajaram Gadhekar at Serial Nos. 9 to 11, though not specialists, have been inducted in the central authority, as all of them are from the State of Maharashtra. One from the State of Maharashtra is understandable, but why the other two persons have been inducted in the national authority is not understandable, as in their place some other States could have been represented. The learned Additional Solicitor General shall obtain instructions within two weeks as to whether it would be possible to induct people from other coastal States in the national authority in place of at least two persons from the State of Maharashtra.
(3) THE notifications shall be placed on the records.
(4) LIST after 2 weeks.
