MADAN B.LOKUR,J. - (1.) This batch of appeals is directed against the judgment and order dated 24th August, 2016 passed by the National Green Tribunal, Principal Bench, New Delhi (for short 'the NGT') in Original Application No. 318 of 2013.[1*] On a reading of the judgment and order passed by the NGT, it is quite clear that the Tribunal was perturbed and anguished that some persons appointed to the State Pollution Control Boards (for short 'SPCBs') did not have, according to the NGT, the necessary expertise or qualifications to be members or chairpersons of such high powered and specialized statutory bodies and therefore did not deserve their appointment or nomination. While we fully commiserate with the NGT and share the pain and anguish, we are of the view that the Tribunal has, at law, exceeded its jurisdiction in directing the State Governments to reconsider the appointments and in laying down guidelines for appointment to the SPCBs, however well-meaning they might be. Therefore, we set aside the decision of the NGT, but note that a large number of disconcerting facts have been brought out in the judgment which need serious consideration by those in authority, particularly the State Governments that make appointments or nominations to the SPCBs. Such appointments should not be made casually or without due application of mind considering the duties, functions and responsibilities of the SPCBs. [1* Rajendra Singh Bhandari v. State of Uttarakhand and others]
(2.) Why is it important to be more than careful in making such appointments? There can be no doubt that the protection and preservation of the environment is extremely vital for all of us and unless this responsibility is taken very seriously, particularly by the State Governments and the SPCBs, we are inviting trouble that will have adverse consequences for future generations. Issues of sustainable development, public trust and intergenerational equity are not mere catch words, but are concepts of great importance in environmental jurisprudence. Perhaps appreciating and anticipating this, Article 48A was introduced in the Constitution and this Article reads as follows: "Protection and improvement of environment and safeguarding of forests and wild life - The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country." Similarly Article 51A (g) of the Constitution indicates the fundamental duties of every citizen of the country, one of them being to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.[2*] It is quite clear that apart from the natural law obligation to protect and preserve the environment, there is also a constitutional obligation to do so. Unfortunately, despite this, our society has been witnessing over the last few decades, to repeated onslaughts against the environment, sometimes in the name of development and sometimes because our society just does not seem to care. In this context we may also mention Article 21 of the Constitution which has been given a very wide amplitude by several decisions of this Court, including on issues concerning the environment. The judgment of the NGT draws attention to some of these aspects but essentially points to the 'who-cares' attitude adopted by several State Governments. It is this attitude that compelled a public spirited environmentally conscious individual to challenge the composition of the SPCB in the State of Uttarakhand and consequently the necessity of being extra careful in making appointments to the SPCB. [2* 51A. Fundamental duties.-It shall be the duty of every citizen of India- (a) to (f) xxx xxx xxx (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; (h) to (k) xxx xxx xxx]
(3.) One of the principal attributes of good governance is the establishment of viable institutions comprising professionally competent persons and the strengthening of such institutions so that the duties and responsibilities conferred on them are performed with dedication and sincerity in public interest. This is applicable not only to administrative bodies but more so to statutory authorities - more so, because statutory authorities are the creation of a law made by a competent legislature, representing the will of the people.;