The Supreme Court of India has taken a monumental stride in supporting environmental protection measures by issuing comprehensive guidelines for the efficient functioning of regulatory bodies overseeing environmental laws. 

In a recent ruling, a bench comprising Justices BR Gavai, PS Narasimha, and Prashant Kumar Mishra underscored the pivotal role of constitutional courts in ensuring the smooth operation of environmental authorities and the enforcement of environmental regulations across the nation.

The guidelines, meticulously crafted by the apex court, serve as a blueprint for enhancing the efficacy and transparency of these regulatory bodies. Following are the guidelines:

i. The   composition,   qualifications,   tenure,   method   of appointment   and   removal   of   the   members   of   these authorities   must   be   clearly   laid   down.   Further,   the 30 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.  

ii. The authorities and bodies must receive adequate funding and their finances must be certain and clear.  

iii. 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.  

iv. 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.   

v. 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.  

vi. The authorities and bodies must notify norms for public hearing,   the   process   of   decision making,   prescription   of right to appeal, and timelines. 

vii. These bodies must prescribe the method of accountability by   clearly   indicating   the   allocation   of   duties   and responsibilities of their officers.  

viii. There   must   be a regular   and   systematic   audit   of   the functioning of these authorities.

In context, the Supreme Court upheld the reconstitution of the Central Empowered Committee (CEC), a body tasked with ensuring compliance with judicial orders pertaining to environmental conservation. The court directed the CEC to adhere to specific operational guidelines, including the formulation of internal procedures, conducting public meetings, and regulating site visits and hearings.

The overarching objective behind these directives is to institutionalize environmental governance mechanisms, safeguarding the nation's ecology for future generations. Advocate K Parameswar, serving as the Amicus Curiae in this matter, has played a pivotal role in advocating for these crucial reforms.

Case: TN Godavarman Thirumulpad vs Union of India and ors,

WRIT PETITION (CIVIL) NO. 202/1995.

Click to read/download judgment.