SPCB Appointments: Supreme Court 2017 in Techi Tagi Tara vs Bhandari Says Only
Experts Should Have Head Pollution Boards. The Supreme Court in Techi Tagi Tara vs
Rajendra Singh Bhandari dealt with appointment of members and chairpersons to State
Pollution Control Boards under Water Act 1974 and Air Act 1981. The Court on
22.09.2017 set aside NGT order directing reconsideration of appointments, but held that
appointments must be professional. The Court emphasized constitutional obligation to
protect environment under Article 48A and 51A(g). This blog explains Techi Tagi Tara vs
Bhandari on SPCB composition and good governance.Facts: NGT Found Unqualified
Persons In SPCBs
The Supreme Court in Techi Tagi Tara vs Bhandari para 1: NGT in OA No. 318 of
2013 was "perturbed and anguished" that some persons appointed to SPCBs did not
have "necessary expertise or qualifications". The Supreme Court in Techi Tagi Tara vs
Bhandari: NGT directed State Govts to reconsider appointments and laid down
guidelines. The Supreme Court in Techi Tagi Tara vs Bhandari: SC agreed with NGT's
concern but held NGT "exceeded its jurisdiction". Appointment/removal is not
"substantial question relating to environment" under NGT Act Section 14. Proper remedy
is writ of quo warranto before High Court.The Supreme Court in Techi Tagi Tara vs
Bhandari: Case arose from Uttarakhand SPCB. State had adopted UP Rules 1984
mechanically. Only 15 meetings held in 12 years instead of quarterly.A common
problem: Politicians, MLAs, bureaucrats without environment background appointed as
Chairpersons.
Constitutional Obligation: Article 48A, 51A(g) and Article 21. The Supreme Court in
Techi Tagi Tara vs Bhandari para 2: "Protection and preservation of environment is
extremely vital...unless responsibility taken seriously...we are inviting trouble for future
generations".The Supreme Court in Techi Tagi Tara vs Bhandari: Cited Article 48A:
"State shall endeavour to protect and improve environment".
Article 51A(g): Fundamental duty to "protect and improve natural environment".
Article 21: Right to life includes right to healthy environment.The Supreme Court in
Techi Tagi Tara vs Bhandari: "Apart from natural law obligation...there is also
constitutional obligation". Concepts of sustainable development, public trust,
intergenerational equity are "concepts of great importance in environmental
jurisprudence".The Supreme Court in Techi Tagi Tara vs Bhandari: "Who-cares attitude"
of State Govts compelled challenge. SPCBs are "creation of law made by competent
legislature" and must have professional competence.
Guidelines For SPCB Appointments: Committees And Court Directions. The Supreme
Court in Techi Tagi Tara vs Bhandari: Referred to multiple committee
reports:Bhattacharya Committee 1984: Need technical, scientific, legal services.
Discourage deputationists.Belliappa Committee 1990: Chairman and Member Secretary
for minimum 3 years. Induct persons with academic qualifications.ASCI Study 1994:
Reorient SPCBs, prepare Annual Environment Report, inventory of polluting
sources.MGK Menon Committee: Chairman must have "understanding of complexity of
modern science and technology...understanding of law". Should be full-time for 5 years.
Member Secretary must have PG in science/engineering + experience.The Supreme
Court in Techi Tagi Tara vs Bhandari para 6-9: Cited MoEF letters 1997, 2001, 2005 and
Jharkhand HC case where Chairman with only "matriculation" was removed by quo
warranto.The Supreme Court in Techi Tagi Tara vs Bhandari para 31: Quoted TISS 2013
Report: Appointments of senior BJP leader, ex-MLA, political leader as Chairpersons are
"blatant violation of apex court guidelines".The Supreme Court in Techi Tagi Tara vs
Bhandari: "Concern is not lack of professional expertise...but lack of dedication and
willingness".
Final Directions: Frame Rules In 6 Months. The Supreme Court in Techi Tagi Tara
vs Bhandari para 33: Set aside NGT order as without jurisdiction. The Supreme Court in
Techi Tagi Tara vs Bhandari: BUT directed Executive in all States to frame appropriate
guidelines or recruitment rules within 6 months considering institutional requirements
and committee reports. "Ensure suitable professionals and experts are appointed".The
Supreme Court in Techi Tagi Tara vs Bhandari: "Any damage to environment could be
permanent and irreversible". Left open remedy: Public can file writ of quo warranto in
High Court if unqualified person appointed.
Conclusion
Techi Tagi Tara vs Rajendra Singh Bhandari is landmark on techi tagi tara vs rajendra
singh bhandari spcb appointment supreme court 2017. Supreme Court 22.09.2017 held
that while NGT has no jurisdiction, State Govts have constitutional duty to appoint
experts to SPCBs. Court cited Article 48A, 51A(g), 21 and decades of committee
reports. Court gave 6-month deadline to frame rules. As the law stands, SPCBs must be
professional bodies, not political rewards. The Supreme Court’s ruling in Techi Tagi Tara
vs Bhandari strengthens institutional framework for environment protection.
