Whether the National Green Tribunal Act, 2010 (“Act”) infringes upon the jurisdiction of the High Courts under Articles 226 and 227 of the Constitution of India?
Whether the provision of a direct appeal to the Supreme Court from the National Green Tribunal (NGT) is constitutionally valid?
Whether Section 3 of the Act is ultra vires to the Constitution due to excessive delegation of legislative power?
The delegation of legislative power is permissible if it is necessary to fulfil the objectives of a statute, but the delegation must not result in excessive delegation or a transfer of core legislative functions to the executive.
The jurisdiction of High Courts can be restricted in matters where specialized tribunals have been created for adjudication of complex subject matters. However, the jurisdiction of High Courts cannot be completely ousted by the creation of such tribunals.