Ex-civil servants allege bias in Supreme Court's Empowered Committee

New Delhi, Jul 1 (PTI) — A collective of 60 former civil servants has addressed a letter to the Chief Justice of India, raising concerns over a "conflict of interest" in the Supreme Court-appointed Central Empowered Committee (CEC). They argue that this could undermine the integrity of cases contesting the Forest Conservation Amendment Act, 2023.

The letter, dated June 30, includes signatures from ex-secretaries, ambassadors, police chiefs, and forest officers. It highlights that the current four-member CEC comprises three former Indian Forest Service officers and a retired scientist with lengthy tenure at the environment ministry. The panel is noted for lacking independent experts.

The document specifies that two CEC members recently held senior roles as Director General of Forests and Special Secretary in the environment ministry.

"A CEC made up of individuals who have occupied top roles within the Ministry of Environment, Forest and Climate Change, and who have been deeply involved in policy-making, is unlikely to provide independent advice differing from their government tenure," states the letter.

These retired civil servants, part of the Constitutional Conduct Group, stated that the CEC, established in 2002, maintained a balanced composition until 2023.

Previously, the CEC included not only government experts but also two independent members—a wildlife specialist and a Supreme Court advocate—unaffiliated with senior government positions or forest policy-making roles, ensuring impartiality, as explained in the letter.

In 2023, critics of the Forest Conservation Amendment Act (FCAA) approached the Supreme Court, citing potential acceleration of forest depletion. The court has issued several orders, one of which reaffirms the definition of forests according to the 1996 Godavarman order. The matter remains pending for a final hearing.

The retirees flagged that a current CEC member once "prepared and defended" the Forest Conservation Amendment Bill in front of the Joint Parliamentary Committee during his ministry tenure, when the Act along with its rules and guidelines, was set into motion.

They also pointed out that several notifications facilitating the use of degraded, demarcated, and revenue forests for compensatory afforestation, contrary to the 1996 Godavarman judgment, were issued under the tenure of some present CEC members.

The signatories worry that the ongoing cases involving the FCAA 2023 might be influenced, given the CEC's perceived conflict of interest, and that the Supreme Court could lean on the CEC's advice for its concluding decision.

Any advice or report from the current CEC, given its current composition in cases opposing FCAA 2023, "will likely be skewed in favor of the Act as it exists, marking a palpable conflict of interest," the letter asserted.

The retired officials referenced a recent Supreme Court order on Maharashtra's 'zudpi' forests (scrub forests) as supporting their concerns.

In a May 22, 2025 order, the court heavily relied on CEC advice, which encouraged unrestricted use of these forests for 'compensatory afforestation', labeling them ecologically inferior due to their inability to sustain dense forest canopies.

These former bureaucrats have called on the court to include not only former government officials but also independent experts from outside within the CEC, noting the presence of numerous eligible experts across the nation.

They appealed to the chief justice to bar the current CEC from advising the court in FCAA 2023 cases and other crucial matters concerning forests, wildlife, and ecological safety.

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