SC dictates institutional features for the functioning of environmental authorities and mandates regular audits to protect the environment

The Supreme Court (SC) of India, while hearing the In Re: T.N. Godavarman Thirumulpad vs. Union of India and Ors. case on January 31, 2024, approved a new body of experts set up by the Centre for consultation on environmental and forest matters. The judgment delivered by Justice B.R. Gavai, Justice P.S. Narasimha, and Justice Prashant Kumar Mishra was in the context of institutionalization and reconstitution of the Central Empowered Committee (CEC) which was constituted on May 09, 2002, by the SC’s order. It further observed “Almost for a period of two decades, the CEC was functioning as an ad hoc body. We noticed that the present composition of the CEC also consisted of persons over 75 years of age and some of whom are also residing outside India.” The bench also issued guidelines for the bodies, authorities, regulators, and executive offices entrusted with environmental duties and mandated regular audits to ensure appropriate functioning which are listed as follows:

• “The composition, qualifications, tenure, method of appointment, and removal of the members of these authorities must be clearly laid down. Further, the appointments must be regularly made to ensure continuity and these bodies must be staffed with persons who have the requisite knowledge, technical expertise, and specialization to ensure their efficient functioning.
• The authorities and bodies must receive adequate funding and their finances must be certain and clear. 
• The mandate and role of each authority and body must be clearly demarcated so as to avoid overlap and duplication of work and the method for constructive coordination between institutions must be prescribed.
• The authorities and bodies must notify and make available the rules, regulations, and other guidelines and make them accessible by providing them on the website, including in regional languages, to the extent possible. If the authority or body does not have the power to frame rules or regulations, it may issue comprehensive guidelines in a standardized form and notify them rather than office memoranda.   
• These bodies must clearly lay down the applicable rules and regulations in detail and the procedure for application, consideration,   and grant of permissions, consent, and approvals. 
• The authorities and bodies must notify norms for a public hearing, the process of   decision­making, prescription of the right to appeal, and timelines.
• These bodies must prescribe the method of accountability by clearly indicating the allocation of duties and responsibilities of their officers. 
• There must be regular and systematic audit of the functioning of these authorities.”

After listing these institutional features, the SC stated that “the role of the constitutional courts is to ensure that such environmental bodies function vibrantly, and are assisted by robust infrastructure and human resources.” It added that the functioning of these institutions should be done by the constitutional courts so that the environment and ecology are not only protected but also enriched.