IN RE: T. N. GODAVARMAN THIRUMULPAD versus UNION OF INDIA AND ORS.

Citation: [2024] 1 S.C.R. 1194 · Decided: 31-01-2024 · Supreme Court of India · Bench: BHUSHAN RAMKRISHNA GAVAI, PAMIDIGHANTAM SRI NARASIMHA, PRASHANT KUMAR MISHRA · Disposal: Directions issued
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Judgment (excerpt)

[2024] 1 S.C.R. 1194 : 2024 INSC 78
In Re: T. N. Godavarman Thirumulpad 
v. 
Union of India and Ors.
(Writ Petition (Civil) No. 202 of 1995)
31 January 2024
[B.R. Gavai, Pamidighantam Sri Narasimha and 
Prashant Kumar Mishra, JJ.]
Issue for Consideration
Institutionalisation and Reconstitution of the Central Empowered 
Committee.
Headnotes
Environment – Environment (Protection) Act, 1986 – Central 
Empowered Committee (CEC) – Institutionalisation and 
Reconstitution – Central Empowered Committee (CEC) 
constituted by Supreme Court’s order in 2002 functioned as 
an ad hoc body almost for two decades – Suggestion of the 
Court to constitute the CEC as a permanent statutory body 
was accepted – Draft notification published by Ministry of 
Environment, Forest and Climate Change (MoEFCC) for 
constitution of the CEC – Examined, suggestions made 
were incorporated – Eventually, notification dtd. 05.09.2023 
u/s.3(3), Environment (Protection) Act was issued by MoEFCC 
constituting the CEC as a permanent authority:
Held: By virtue of the Notification dtd. 05.09.2023, the concerns 
regarding the functioning of the CEC as an ad hoc body and its 
institutionalisation as a permanent body have been taken care 
of – The Notification provides for the constitution of the CEC, its 
powers, functions, mandate, members, method of appointment, 
terms of service, and monitoring of its functioning – CEC to adopt the 
measures directed to promote institutional transparency, efficiency, 
and accountability in its functioning. [Paras 20, 21]
Environment (Protection) Act, 1986 – Notification issued 
constituting the CEC as a permanent authority – It provided 
that the States or Central Government shall give reasons in 
[2024] 1 S.C.R. 
1195
In Re: T. N. Godavarman Thirumulpad v. Union of India and Ors.
writing for not accepting any suggestion/recommendation of 
the CEC and the decision of the Central Government shall 
be final; in case of deferment of the decision of any State 
Government with the CEC’s recommendation, the matter shall 
be referred to the Central Government and its decision shall be 
final and binding – Decisions of the Central Government/State 
Governments are subject to the orders of Court, reiterated:
Held: Decisions of the Central Government or State Governments 
are always subject to the orders of this Court – When this notification 
was placed before this Court, this position was clarified – Order 
of the State and/or Central Government under clauses 3 and 4 
will be subject to any direction or order that this Court may pass 
from time to time. [Para 17]
Environment – Environmental governance – Environmental 
rule of law – Role of constitutional courts:
Held: Environmental rule of law refers to environmental governance 
that is undergirded by the fundamental tenets of rule of law – 
While several laws, rules, and regulations exist for protection 
of the environment, their objective is not achieved as there is a 
considerable gap as these laws remain unenforced or ineffectively 
implemented – Rule of law in environmental governance seeks to 
redress this issue as the implementation gap has a direct bearing 
on the protection of the environment, forests, wildlife, sustainable 
development, and public health, eventually affecting fundamental 
human rights to a clean environment that are intrinsically tied 
to right to life – In India, environmental rule of law must draw 
attention to the existing legal regime, rules, processes, and norms 
that environmental regulatory institutions follow to achieve the 
goal of effective and good governance and implementation of 
environmental laws – More importantly, the focus must be on the 
policy and regulatory and implementation agencies – In doing 
so, environmental rule of law fosters open, accountable, and 
transparent decision making and participatory governance – The 
renewed role of constitutional courts will be to undertake judicial 
review to ensure that institutions and regulatory bodies comply with 
the principles of environmental rule of law. [Paras 23-25]
1196
[2024] 1 S.C.R.
Digital Supreme Court Reports
Environment – Environmental governance – Environmental rule 
of law – Existing institutional governance of the environment 
in India – Principles formulated for the effective monitoring 
of various bodies, institutions and regulators established for 
protecting forests, wildlife, environment and ecology – An 
overview of the bodies regulating the environment in India
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