Supreme Court issues guidelines for functioning of environmental authorities; mandates regular audit

The Supreme Court on Wednesday issued fresh guidelines to be followed by institutions regulating and overseeing compliance with environmental laws in the country [TN Godavarman Thirumulpad vs Union of India and ors]..A bench of Justices BR Gavai, PS Narasimha and Prashant Kumar Mishra emphasised that one of the roles of constitutional courts is to make sure that environmental bodies function in a vibrant and smooth manner. Towards that end, it issued the following guidelines:i. 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 specialisation 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 standardised 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 decisionmaking, 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 regular and systematic audit of the functioning of these authorities..The verdict came in a case concerning the validity and mandate of the recently reconstituted Central Empowered Committee (CEC). The CEC is a body under the Environment Protection Act tasked with compliance of judicial orders concerning ecology and recommending measures to State and Central governments for better implementation of such orders. The top court upheld the CEC constituted afresh on September 5 last year, observing that a permanent body had been created as earlier ordered to replace the ad-hoc one.It directed that CEC, henceforth, to adhere to the following terms:i. The CEC shall formulate guidelines for the conduct of its functions and internal meetings. The CEC shall formulate the operating procedures delineating the roles of its members and the Secretary of the CEC. ii. The CEC shall formulate guidelines about the public meetings that it holds, ensure the publication of meeting agenda in advance on its website, maintain minutes of meetings, and set out rules regarding notice to parties. iii. The CEC shall formulate guidelines for site visits and, if necessary, hearing the public and affected parties therein. iv. The CEC shall formulate guidelines fixing time limits for site visits, preparation of reports, and also the manner of preparation of reports. v. We further direct that these guidelines/regulations must be accessible for anyone to seek. They shall be posted on the official website of the CEC..The Supreme Court underscored that courts have to monitor the proper institutionalisation of environmental regulatory bodies and authorities so that environment and ecology are protected and enriched..Advocate K Parameswar is the Amicus Curiae in the matter..[Read Judgment]