Today(on 3rd August), Advocate Akash Vashishtha has urged Chief Justice D.Y. Chandrachud to establish dedicated “green benches” in all high courts to ensure prompt and effective handling of environmental cases. Vashishtha stressed the urgency due to rising climate and ecological crises.
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NEW DELHI: Today(on 3rd August), In a compelling plea to Chief Justice D Y Chandrachud, a prominent lawyer has urged the establishment of dedicated and permanent “green benches” in all high courts across India to ensure the speedy and effective adjudication of environment-related matters. Advocate and environmental activist Akash Vashishtha emphasized the urgent need for such benches, highlighting the increasing frequency and severity of climate disasters and ecological assaults.
Vashishtha pointed out that although the National Green Tribunal (NGT) has proven to be an effective forum for resolving environmental disputes, the inherent limitations of the National Green Tribunal Act, 2010, have posed significant challenges for citizens seeking environmental justice.
“Unlike remedies under the National Green Tribunal Act, 2010, a remedy under Article 226 of the Constitution of India offers a comprehensive recourse, allowing citizens to seek compensation for environmental harms both in general and personally.”
– the letter sent to the Chief Justice stated.
He emphasized the critical need for a “speedy and effective efficient system for permanently addressing environmental, ecological, and climate change issues in every high court across the country.” According to Vashishtha, the establishment of green benches in high courts would address this need.
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The letter outlined a detailed proposal:
“Establish dedicated and permanent ‘green benches’ in all 25 high courts across the country, similar to those in the Supreme Court. The number of green benches in each high court should be based on the number of courts, the number of judges, and the population of the states within its jurisdiction.”
Vashishtha’s plea comes at a time when India is grappling with unprecedented climate disasters. From devastating floods to severe droughts, the country is witnessing the adverse effects of climate change on an unprecedented scale. These events have underscored the need for a robust legal framework to address environmental grievances efficiently.
While the NGT has played a significant role in environmental litigation, its scope is limited by the provisions of the National Green Tribunal Act. This has often left citizens with no choice but to approach high courts for broader remedies under Article 226, which provides a more comprehensive avenue for justice. Vashishtha’s proposal aims to bridge this gap by institutionalizing green benches within the high courts, thereby streamlining the process of environmental litigation and ensuring quicker resolutions.
The letter also highlighted the role of high courts in providing all-encompassing recourse for victims of environmental wrongs. Unlike the NGT, high courts have the jurisdiction to address both individual and public grievances, making them a crucial forum for environmental justice. By establishing green benches, high courts can leverage their broad jurisdiction to deliver timely and effective remedies for environmental issues.
