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Green Tribunal Rescue: Supreme Court Extends Three Judges' Tenure to Avert Collapse
In a timely intervention, the has directed three judicial members of the to continue functioning beyond their retirement dates as a . This move, passed by a bench comprising Justice B.V. Nagarathna and Justice Ujjal Bhuyan on , addresses an imminent crisis that threatened to leave the NGT operating without sufficient judicial oversight, violating its statutory composition under the .
The order came in Writ Petition (Civil) No. 72/2025 , filed by the against the and others , highlighting the risk to environmental justice across the country's five NGT benches.
Countdown to Crisis: Retirements Looms Large
The petition painted a stark picture: One judicial member, Justice Sheo Kumar Singh, is serving on a three-year-and-26-day extension granted in 2023. However, three others— Justice Arun Kumar Tyagi (retirement: ), Justice Pushpa Sathyanarayana ( ), and Justice Dinesh Kumar Singh ( )—were set to retire imminently. Without replacements, only one extended judicial member would remain, leaving the NGT to function " " and reliant solely on expert members.
This scenario directly contravenes
, which mandates that
"the number of Expert Members shall... be equal to the number of Judicial Members hearing such application or appeal."
The NGT, established to fast-track environmental disputes, operates at five locations nationwide, making judicial shortages a direct threat to its efficacy.
Petitioner's Plea vs. Government's Deferral
Counsel for the , led by , submitted a detailed chart underscoring the vacancies. They argued this would paralyze the tribunal, denying litigants timely justice in critical green cases.
The , represented by Additional Solicitors General and , countered by referencing the Supreme Court's recent landmark in Madras Bar Association v. ( ). They noted the directive for a to overhaul appointments, explaining why no new processes were underway. Paragraphs 143 and 153-155 of that judgment protect existing appointments and pause routine hires amid reforms via the .
Balancing Precedent with Practicality
The bench carefully parsed the
Madras Bar Association
ruling, which safeguards pre-2021 selection processes and existing tenures while pushing for systemic tribunal reforms. Recognizing these protections, the Court zeroed in on the NGT's unique needs:
"This would imply that there would be at least three vacancies in the post of judicial members of the NGT. Consequently, in our view, this would adversely affect the very functioning of the NGT at five different locations in the country. Such a situation cannot be permitted to occur."
The order bridges the gap between reform delays and operational continuity, mandating Union compliance with the Madras Bar directives.
Key Observations from the Bench
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"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... would be functioning solely with expert members and
which is contrary to what has been envisaged under
."
-
"Pending further appointments to be made and assumption of office to happen vis-a-vis the judicial members of the NGT or until further orders, as a
, we direct that
(i) Hon’ble Sri Justice Arun Kumar Tyagi,
(ii) Hon’ble Smt. Justice Pushpa Sathyanarayana, and
(iii) Hon’ble Sri Justice Dinesh Kumar Singh, shall continue to function as judicial members of the NGT."
-
"The aforesaid direction has been made by us bearing in mind that the vacancy of judicial members in the NGT would hamper the working of the NGT and adversely affect the litigants who are seeking justice before the various NGTs."
Lifeline for NGT: Implications Unfold
The Court's directive ensures the NGT remains fully operational pending new appointments or further orders, directly benefiting environmental litigants nationwide. Justices Tyagi, Sathyanarayana, and Dinesh Kumar Singh now hold the fort, averting a judicial void.
This ruling reinforces the judiciary's role in upholding statutory mandates amid reforms, signaling that tribunal functionality cannot be collateral damage. As the takes shape, it sets a precedent for interim measures to protect access to specialized justice—vital for India's green agenda.
