NDLI: Madhya Pradesh High Court Advocates Bar Association and Anr Vs. Union of India and Anr

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	ousts the jurisdiction of the High Courts u/Arts. 226 and 227 – Power of judicial review remains intact and unaffected by the NGT Act –Prerogative of writ jurisdiction of High Courts is neither taken away nor it can be ousted National Green Tribunal Act 2010: ss. 14 as it is a part of the basic structure of the Constitution – Constitution of India – Arts. 226 and 227 21 – Jurisdiction of the High Court if ousted by the NGT – Held:Nothing contained in the NGT Act either impliedly or explicitly
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	National Green Tribunal Act, 2010: ss. 14, 21 – Jurisdiction of the High Court, if ousted by the NGT – Held: Nothing contained in the NGT Act either impliedly or explicitly, ousts the jurisdiction of the High Courts u/Arts. 226 and 227 – Power of judicial review remains intact and unaffected by the NGT Act –Prerogative of writ jurisdiction of High Courts is neither taken away nor it can be ousted, as it is a part of the basic structure of the Constitution – Constitution of India – Arts. 226 and 227.National Green Tribunal – Seat of the NGT – Plea that there should be NGT Bench in every State – Held: Seat of the NGT benches can be located as per exigencies and it is not necessary to locate them in every State – Prayer for relocating the Bhopal NGT to Jabalpur is unmerited and is rejected.s. 22 – Remedy of direct appeal to the Supreme Court from the decisions of the NGT u/s. 22 – Held: Remedy of direct appeal to the Supreme Court u/s. 22 is ultra vires the Constitution – As regards, the appeal mechanism to the High Court from the decisions of the NGT, the remedy before the High Court for a litigant u/Art. 226 and 227 continues to be available notwithstanding the enactment of the NGT Act and the provision for appeal to the Supreme Court u/s. 22 – Constitution of India.s. 3 – Validity of – Held: s. 3 is not a case of excessive delegation of power to the Central Government – s. 3 is found to be ultra vires the Constitution – Constitution of India.
Judge	Hon'ble Mr. Justice Hrishikesh Roy
Neutral Citation	2022 INSC 586
Petitioner	Madhya Pradesh High Court Advocates Bar Association And Anr
Respondent	Union Of India And Anr
SCR	[2022] 15 S.C.R. 299
Judgement Date	2022-05-18
Case Number	433

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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