Supreme Court Bars Union From Disbanding CEC Formed For Forest Protection Without Court's Prior Approval
In a significant order aimed at preserving the functioning of the Central Empowered Committee (CEC), the Supreme Court directed that the Union of India shall not take any steps to disband the CEC without first obtaining the prior approval of the Court.The direction was issued in the long-running forest matter, T.N. Godavarman Thirumulpad v. Union of India, while the bench was considering...
In a significant order aimed at preserving the functioning of the Central Empowered Committee (CEC), the Supreme Court directed that the Union of India shall not take any steps to disband the CEC without first obtaining the prior approval of the Court.
The direction was issued in the long-running forest matter, T.N. Godavarman Thirumulpad v. Union of India, while the bench was considering issues relating to staffing and continuation of the CEC, which has been assisting the Court in environmental matters for over 28 years.
Noting that the Committee has now been granted statutory status through a 2023 notification under the Environment (Protection) Act, the Court emphasised that the CEC has played a crucial role in providing factual assessments, conducting inspections, and facilitating numerous orders on environmental protection and conservation.
The bench observed that the CEC's independent fact-finding has been central to the Court's ability to monitor environmental issues on a real-time basis, and highlighted that the Committee has assisted the Court since 1997.
In that context, the Court made it clear that the Centre cannot move to dismantle the CEC without approaching the Court for approval. The direction came amid a communication from the Cabinet Secretariat suggesting a reconsideration of the continued functioning of the CEC in light of the National Green Tribunal.
The bench comprising Chief Justice of India BR Gavai and Justice K Vinod Chandran observed :
"There is no doubt that the NGT comprises experts drawn from judicial and technical fields and is discharging its duties under the National Green Tribunal Act, 2010. However, the CEC is an institution that directly assists this Court in environmental matters under the direction and supervision of this Court. It cannot be disputed that without the assistance provided by the CEC, including conducting spot inspections and submitting reports on the basis of such inspections, this Court could not have been in a position to pass the catena of orders that it has has been passing for almost a three decades.
The CEC has, many a time, been entrusted with the task of apprising this Court of the factual aspects on a real- time basis, after carrying out the physical inspections. Its independent fact finding and appraisal have significantly contributed to the objective of balancing environmental protection with sustainable development.
In that view of the matter, we direct that Union of India shall not take any steps to disband the CEC without obtaining prior approval of this Court."
The application concerning staffing and continuation of the CEC was accordingly disposed of after issuing directives. The MoEF&CC was directed to depute an officer to function as Secretary of the CEC. The MoEF & CC was directed to ensure that the post of Secretary does not remain vacant in the CEC.