Green Tribunal In Red Zone
Seventeen years down the line, The National Green Tribunal Act gets amended. The original Act envisaged a bench of two or more, one of whom should be a judicial officer, the other being an expert, with the present amendment, the Environment Ministry has allowed the N.G.T. to constitute a single member bench. The legislation was, is and will be defective; inasmuch as the original Act necessitated two or more, which by implication, could comprise of even two members on the bench, in such a scenario, (What happens if there is a tie? What happens if there is a dissenting judgment, whose opinion should prevail?) Take the present scenario "Single member bench", the presiding officer would need to have legal knowledge and experience, as well as technical knowledge and experience, which is highly improbable; further, there cannot be any dissenting judgment, the presiding officer is whole and sole and litigants shall be at his mercy depending on his wisdom.