Section 4(1) of the National Green Tribunal Act, 2010, mandates that the NGT "shall consist of", "not less than ten" Judicial Members, and "not less than ten" Expert Members, said the plea filed by NGT Bar Association (Western Zone).

It highlighted that the petition has been preferred not only because the NGT is presently functioning with a strength of six Judicial Members and five Expert Members, but also because two Judicial Members are due to retire by April this year, and four Expert Members are due to retire by November 2025.

“Moreover, one Judicial Member (Justice Sheo Kumar Singh) is continuing as such based on an extension granted by this Hon'ble Court (Supreme Court), by an order dated 16.01.2023,” stated the petition.

The plea, filed through advocate Dcosta Ivo Manuel Simon, added that the lack of appointments is bound to “cripple the functioning of the Tribunal” given that Sec. 4(4)(c) mandates that every bench of the NGT must have an equal number of Judicial and Expert Members.

The petition impleads Union Ministries of Environment and Forest and Climate Change, and Law and Justice, Registrar General of NGT and Registrar of NGT (Western Zone) as respondent parties. Under the National Green Tribunal Act, 2010, NGT is empowered to address environmental issues and ensure the effective implementation of environmental laws.

As per the causelist published on the website of the apex court, a bench of CJI Sanjiv Khanna and Justice Sanjay Kumar is scheduled to take up the plea filed by NGT Bar Association (Western Zone) for a hearing on Monday (February 3).