Supreme Court Grants Approval for Centre’s ‘Permanent’ Forest Expert Body, Affirming Ongoing Jurisdiction | Central Empowered Committee (CEC)

A three-judge bench of Supreme Court led by justice B R Gavai approved a new body of experts set up by the Centre for consultation on environmental and forest matters, called CEC (Central Empowered Committee).

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Supreme Court Grants Approval for Centre's 'Permanent' Forest Expert Body, Affirming Ongoing Jurisdiction | Central Empowered Committee (CEC)
Supreme Court Of India

New Delhi: Today(31Jan 2024), the Supreme Court of India sanctioned the establishment of a new expert committee formed by the Central Government to advise on environmental and forest-related issues. The top court, however, emphasized its intent to maintain oversight over these areas and asserted its authority over the newly formed panel. This panel serves as a replacement for the Central Empowered Committee (CEC), which was initially set up by the court’s directive.

The decision to reconstitute the CEC was made by a three-judge bench, headed by Justice B R Gavai and including Justices P S Narasimha and Prashant Kumar Mishra. The bench acknowledged the CEC’s two-decade-long role as a provisional body, established by an order of the apex court in 2002.

“We also noticed that the present composition of CEC consists of persons more than the age of 75-years. So, we have taken note of the notification issued by the government. We have also said that this court will continue to have and continue to exercise jurisdiction over the decisions taken by CEC”, said justice Narasimha, pronouncing the judgment on behalf of the bench.

Supreme Court Grants Approval for Centre's 'Permanent' Forest Expert Body, Affirming Ongoing Jurisdiction | Central Empowered Committee (CEC)

“We have given further directions with respect to how to ensure institutionalization of the various bodies constituted under different environmental protection act”, he said.

It was on May 9, 2002, when the Supreme Court mandated the formation of the Central Empowered Committee (CEC), tasked with providing technical guidance to the court on matters related to forest conservation and biodiversity.

In September of the previous year, the Ministry of Environment, Forest and Climate Change of the Union Government announced the formation of a new Central Empowered Committee (CEC). This new committee is set to take over from the provisional committee established by the Supreme Court in 2002.

As per the recent notification, the restructured CEC will be composed of a chairperson, a member secretary, and three expert members. These members will be selected or appointed by the Central Government. The notification also specifies that the chairperson should possess a minimum of 25 years of experience in environmental, forestry, or wildlife sectors, or demonstrate significant administrative expertise within the Union or state governments.

A two-judge bench of the top court had approved the Union government’s draft notification in August 2023.

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Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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