Senior lawyer Nikhil Nayyar reminded the Supreme Court docket had in Sterlite case stated that inexperienced tribunal can not strike down guidelines
New Delhi: The Supreme Court docket on Tuesday stated that the Nationwide Inexperienced Tribunal (NGT) was not vested with the powers to look at the validity of any legislation or to strike it down.
“Prima facie we’re of the view the Nationwide Inexperienced Tribunal can’t strike down a legislation,” stated Chief Justice Sharad A. Bobde, heading a bench that additionally comprised Justices A.S. Bopanna and V. Ramasubramanian.
The courtroom’s commentary on the bounds of the powers of the inexperienced tribunal got here in the middle of the listening to of a petition by NGO Surroundings Assist Group.
The Surroundings Assist Group had challenged the Karnataka excessive courtroom order transferring a case to NGT and asking it to adjudicate a
problem to Part 40 of the Biodiversity Act that empowers the Central authorities to exempt sure organic sources.
Staying the proceedings earlier than the inexperienced tribunal, the courtroom has posted the matter for additional listening to subsequent week.
Part 40 of the Biodiversity Act reads: “However something
contained on this act, the Central Authorities might, in session
with the Nationwide Biodiversity Authority, by notification within the official gazette, declare that the provisions of the act shall not apply to any objects, together with organic sources usually traded as commodities.”
Showing for the NGO Surroundings Assist Group, senior lawyer Nikhil Nayyar advised the courtroom that earlier the Supreme Court docket had within the Sterlite case stated that the inexperienced tribunal can not strike down guidelines or laws.
The courtroom had in its February 18, 2019, order stated: “It’s clear, due to this fact, that beneath the NGT Act, the tribunal exercising appellate jurisdiction can not strike down guidelines or laws … Subsequently, it will be fallacious to state that the tribunal has powers of judicial evaluation akin to that of a excessive courtroom exercising constitutional powers beneath Article 226 of the Structure of India … We should always remember the excellence between a superior courtroom of document and courts of restricted jurisdiction.…”
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