Section 33 and Section 34 of the National Green Tribunal Act, 2010
Section 33 gives the National Green Tribunal Act, 2010 overriding effect where another law or an instrument having effect by virtue of another law contains an inconsistent provision. Section 34 empowers the Central Government, subject to the statutory parliamentary procedure, to amend Schedule I by notification.
Section 33 - Act to have overriding effect
Statutory provision: The provisions of the National Green Tribunal Act, 2010 have effect notwithstanding anything inconsistent contained in any other law for the time being in force or in any instrument having effect by virtue of a law other than the NGT Act.
Section 33 is an overriding provision. Its opening non-obstante formulation gives the NGT Act priority to the extent that a provision of another law, or an instrument operating under another law, is inconsistent with the NGT Act.
The section is directed at inconsistency. It does not state that every other law relating to the environment becomes inapplicable. Instead, where the NGT Act and another applicable legal provision cannot operate consistently in relation to the same matter, Section 33 requires effect to be given to the NGT Act to the extent of that inconsistency.
Meaning of the non-obstante clause in Section 33
The words "notwithstanding anything inconsistent" constitute a non-obstante clause. Such language is used by Parliament to indicate which statutory provision is to prevail when there is an actual inconsistency with another law or legally operative instrument.
For Section 33, the relevant comparison is between the NGT Act and the allegedly inconsistent provision of another law or instrument. The overriding effect follows from the statute where the inconsistency falls within Section 33.
Section 34 - Power to amend Schedule I
Section 34(1): Central Government power by notification
Under Section 34(1), the Central Government may, by notification, amend Schedule I by including another Act enacted by Parliament, having regard to the objective of environmental protection and conservation of natural resources, or by omitting an Act already specified in Schedule I. On publication of the notification, the Act concerned is deemed to be included in, or omitted from, Schedule I, as applicable.
The power is therefore confined by the terms of Section 34. An Act proposed to be added must be an Act enacted by Parliament, and the Central Government must have regard to the statutory objective of environmental protection and conservation of natural resources.
Section 34 also permits an Act already specified in Schedule I to be omitted. The legal change takes effect on the date of publication of the notification contemplated by the provision.
Section 34(2) - Parliamentary scrutiny before notification
Section 34(2) requires a copy of every notification proposed under Section 34(1) to be laid in draft before each House of Parliament while it is in session for a total period of thirty days. The thirty-day period may fall within one session or across two or more successive sessions.
If, within the period specified in Section 34(2), both Houses agree to disapprove the proposed notification, it cannot be issued. If both Houses agree to modify it, the notification may be issued only in the modified form agreed upon by both Houses.
This requirement makes the power under Section 34(1) subject to parliamentary scrutiny before the proposed notification is issued.
Why Schedule I is important under the NGT Act
Schedule I identifies the enactments connected with the Tribunal's statutory jurisdiction under provisions of the NGT Act. For example, Section 14 concerns civil cases involving a substantial question relating to the environment where that question arises out of implementation of the enactments specified in Schedule I. Section 16 separately provides appellate jurisdiction in respect of specified orders or decisions under the enactments and provisions listed there.
Accordingly, an inclusion or omission under Section 34 may affect the statutory set of environmental enactments linked to the Tribunal's jurisdiction. The precise jurisdiction in any proceeding must still be determined from the applicable provisions of the NGT Act, the relevant Schedule I enactment and the facts of the case.
Official legal resources
For the authoritative text of the National Green Tribunal Act, 2010, including Sections 33 and 34 and Schedule I, refer to the official India Code portal. For Tribunal information, orders, judgments and institutional resources, refer to the official National Green Tribunal website.