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SUPREME COURT OF INDIA
MRS. B.V. NAGARATHNA, MR. UJJAL BHUYAN, JJ
NGT BAR ASSOCIATION (WESTERN ZONE) – Appellant
Versus
UNION OF INDIA & ORS. – Respondent
WRIT PETITION(S)(CIVIL) NO(S).72/2025
Based on the provided legal document, the key points are as follows:
The Court emphasizes the importance of maintaining the requisite number of judicial members in the National Green Tribunal (NGT) to ensure its effective functioning, as mandated by the statutory provisions of the National Green Tribunal Act, 2010 (!) (!) .
The current situation reveals that due to judicial members on extension and upcoming retirements, there will be at least three vacancies in the judicial membership of the NGT, which could significantly impair its operational efficiency across multiple locations (!) (!) .
The Court notes that, according to recent judicial directions, judicial members appointed before the enactment of certain reforms are protected and continue to serve under the original statutory framework, but this protection does not extend indefinitely to all current and future appointments (!) .
In light of the impending vacancies and the potential disruption to the NGT’s functioning, the Court has directed that certain judicial members—specifically Hon’ble Sri Justice Arun Kumar Tyagi, Hon’ble Smt. Justice Pushpa Sathyanarayana, and Hon’ble Sri Justice Dinesh Kumar Singh—shall continue to serve as judicial members until further appointments are made or until further orders (!) .
The Union of India is instructed to comply with the Court’s directions to ensure the NGT’s operational continuity, particularly in light of the urgent need to fill judicial vacancies and prevent operational disruptions (!) (!) .
The Court underscores that the effective functioning of the NGT is crucial for the administration of environmental law and that operational disruptions due to vacancies would adversely affect litigants seeking justice before the Tribunal (!) .
These points collectively highlight the Court’s concern regarding the composition of the NGT, the legal protections afforded to existing judicial appointments, and the interim measures ordered to maintain the Tribunal’s functionality.
| Table of Content |
|---|
| 1. concerns regarding judicial member vacancies and their impact on ngt functioning. (Para 2) |
| 2. emphasis on the importance of past cases in resolving current appointment issues. (Para 3 , 4) |
| 3. clarification on the protection of earlier judicial appointments amid transitional reforms. (Para 5 , 6 , 7) |
| 4. order for continuation of certain judicial members to avoid operational disruptions in ngt. (Para 8 , 9 , 10) |
ORDER
Learned counsel for the petitioner has submitted a chart indicating that one of the judicial members is on extension for a period of three years and twenty six days as of today and three other judicial members would be retiring in the months of March and April of this year. Consequently, there would be only one judicial member functioning since his extension is till the appointment and assumption of charge by other judicial members. It was contended that as a result the National Green Tribunal (hereinafter referred to as, “NGT”) would be functioning solely with expert members and de hors judicial members which is contrary to what has been envisaged under Section 4 (4) of the National Green Tribunal Act, 2010 (hereinafter referred to as, “the NGT Act, 2010). For ease of reference, Section 4 is extracted as under:
“4. Composition of Tribunal:-
(1) The Tribunal shall consist of-
(a) a full time Chairperson;
(b) not less than ten but subject to maximum of twenty full time Judicial Members as the Central Government may, from time to time, notify;
(c) not less than ten but subject to maximum of twenty full time Expert Members, as the Central Government may, from time to time, notify.
(2) The Chairperson of the Tribunal may, if considered necessary, invite any one or more person having specialised knowledge and experience in a particular case before the Tribunal to assist the Tribunal in that case.
(3)The Central Government may, by notification, specify the ordinary place or places of sitting of the Tribunal, and the territorial jurisdiction falling under each such place of sitting.
(4)The Central Government may, in consultation with the Chairperson of the Tribunal, make rules regulating generally the practices and procedure of the Tribunal including-
(a)the rules as to the persons who shall be entitled to appear before the Tribunal;
(b)the rules as to the procedure for hearing applications and appeals and other matters [including the circuit procedure for hearing at a place other than the ordinary place of its sitting falling within the jurisdiction referred to in sub-section (3)], pertaining to the applications and appeals;
(c)the minimum number of Members who shall hear the applications and appeals in respect of any class or classes of applications and appeals: Provided that the number of Expert Members shall, in hearing an application or appeal, be equal to the number of Judicial Members hearing such application or appeal;
(d)rules relating to transfer of cases by the Chairperson from one place of sitting (including the ordinary place of sitting) to other place of sitting.”
2. The details of the judicial members who are on extension or/are to retire this year are as under:
| Name | Date Of Appointment | Tenure | Extension Granted On | Period Of Extension | |
| 1. | Hon’ble Sh. Justice Sheo Kumar Singh | 16.03.2020 | 16.01.202 3 | 16.01.2023 (IANo.129992 / 2022 in WP No.662/2022) | 3 years, 26 days |
| 2. | Hon’ble Sh. Justice Arun Kumar Tyagi | 25.03.2022 | 24.03.202 6 | - | - |
| 3. | Hon’ble Smt. Pushpa Sathyanarayana | 30.03.2022 | 29.03.202 6 | - | - |
| 4. | Hon’ble Sh. Jusitce Dinesh Kumar Singh | 14.04.2022 | 13.04.202 6 | - | - |
3. In response to this submission, learned Additional Solicitor General Sri Banerjee has drawn our attention to paragraphs 143, 153 to 155 of the recent judgment dated 19.11.2025 passed in the case of Madras Bar Association vs. Union of India , 2025 SCC Online SC 2498 (“Madras Bar Association”). It was submitted that since this Court has issued a direction for establishment of a National Tribunal Commission, the Union of India is working towards that end and hence in the circu
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