11 out of existing 15 NGT members tenures end by 2018

These rules will have direct consequences for the composition of the Tribunal in the near future. The five-year-long tenures of Chairperson Justice Swatanter Kumar, and three other members will terminate this year. Further, six members will complete their tenure by 2018 and will have to be replaced. With increased executive control in the new appointments, the tribunal is likely to witness a significant change in character.

No judicial safeguards in the matter of removals

In a step further towards exerting control of the NGT panel, the new tribunal rules ensure that the judiciary no longer has a say in removing committee members.

Formerly, according to the NGT Act, it was mandatory to consult the Chief Justice of India in order to remove any judicial member from the tribunal. An inquiry had to be conducted by a Supreme Court judge and dissimal could take place only after the inquiry report was submitted.Such a system allowed for judical safeguards against executive control, according to Dutta. The process ensured a balance of powers between the judical and executive wings.

In the new rules, the entire process is monitored and controlled by a committee constituted by the Central government. The committee regulates its own process, and is not bound to the Code of Civil Procedure 1908, which ensures a standard and accountable approach.

Moreover, anyone can make a written complaint about any member of the tribunal. The MoEF&CC will undertake a preliminary scrutiny based on this complaint and refer it to the inquiry committee that will present its findings to the Centre. The government may then remove the member without consulting the judiciary.