Stung by Supreme Court, Narendra Modi government to reconstitute National Board for Wildlife this week

Stung by Supreme Court's criticism for prima facie violating the law in constituting the National Board for Wildlife (NBWL), the NDA government has decided to reconstitute the board with full civil society members and sources said, "it would be done within this week itself".

Prime minister Narendra Modi-led NDA government in July 2014 had constituted NBWL and nominated only one NGO -- Gujarat Ecological Education and Research Foundation -- and two experts – Professor Raman Sukumar and Dr HS Singh -- against the required number of five NGOs and ten eminent conservationists, ecologists and environmentalists. The government also appointed only five states against the requirement of one representative each from 10 states and union territories.

Following that, the new standing committee of NBWL in its very first meeting on August 12-13 cleared more than 130 projects worth several thousands of crores which were pending for months.

However, NDA government's move had come under severe criticism from the Supreme Court which remarked that prima facie they found that the environment ministry had violated the law while constituting the board and had issued a notice to the central government to explain the stand. While SC had refused to stay the decisions taken by NBWL's standing committee it ensured that they would not come into effect till next hearing in the apex court.

"As a result of the Supreme Court order, the government has decided to reconstitute the NBWL and this would be done within next two-three days itself. A notification to this effect would also be issued within next few days," top sources in the environment ministry told dna.

"The board is now expected to have full representation from civil society -- five NGO's and ten eminent conservationists, ecologists and environmentalists -- as required by law. Once that is done, the ministry would inform the Supreme Court," said the top environment ministry official.

The official revealed that after SC's notice, the ministry had met attorney general Mukul Rohtagi who had clearly laid out that "environment ministry cannot escape form the apex court as its action was not in accordance with the law".

"The whole process of constituting NBWL was driven from PMO… the decision to only appoint one NGO and to experts was also of PMO even as law ministry had objections … Now too the decision is at the level of secretary of environment ministry, PMO and law ministry," the environment ministry official added.

PMO and environment ministry secretary are also pondering over the same list of around 70 names – of NGOs and experts – which was sent earlier for consideration.

The case is now expected to come in Supreme Court for hearing in mid next week.

"If expert appraisal committee or the tiger authority can have guidelines or standards for its members, then why NBWL can't have something similar which is the highest decision making body in country on wildlife issues. While constituting board law should not be followed for the sake of it but in complete spirit and thus members who have some expertise should only be appointed," senior lawyer Sanjay Upadhyay, who approached SC on the issue, told dna.

Modi during his 2014 campaign had publicly spoken against green clearance roadblocks and had promised to simplify the process for the industry after taking over as PM. NBWL's reconstitution was one of the first major decisions of Modi government's environment ministry which has come under SC's scanner.

More than 50 organisation and eminent individuals had also written to NDA government urging it to cancel the NBWL appointment voicing their disappointment and calling it a mockery of Indian wildlife. They were of the view that fewer number of experts in NBWL will result in less checks and balances in the process of wildlife conservation. They have also pointed out that GEER foundation is an organisation under Gujarat government's control and thus does not qualify as a NGO.

NBWL's standing committee is entrusted with responsibility of giving green clearances to projects that pass through protected areas like tiger reserves, wildlife sanctuaries and also those falling within 10-kilometre distance of the wildlife sanctuary or national parks. The previous committee's term ended on September 6 last year. But for nearly 10 months it was not reconstituted and was reconstituted only in July 2014 by Modi government.