The Central Empowered Committee (CEC), established by the Supreme Court (SC) two decades ago, is undergoing a significant shift in its governance structure. Previously reporting directly to the SC, the CEC’s role was pivotal in monitoring official compliance with court orders related to environmental conservation. However, as of September 5, 2023, the Environment Ministry will assume control over the CEC, reshaping its composition and diminishing its autonomy.
CEC’s Historical Significance
The CEC, initiated in 2002 and later reconstituted in 2008, played a vital role in environmental governance. Led by retired IAS officer PV Jayakrishnan, it included retired Forest service officers, lawyers, and naturalists. Over the years, the CEC filed numerous reports that influenced environmental policy discussions. These reports covered diverse topics such as compensatory afforestation, net present value of forests, Kudremukh mining, Aravali forests, and Bellary mining. Notably, a CEC report in 2006 led to the imprisonment of a former Maharashtra minister and a serving Forest Secretary for allowing wood mills to operate against the SC’s orders. In May 2023, the CEC’s recommendation to cancel the double-tracking of a railway line in Karnataka was accepted by the SC.
Events Leading to the Transition
In March 2023, the CEC filed a report against the reconstruction of a convention center in J&K, even after the SC had given approval. The SC, deeming this interference inappropriate, requested the government to propose younger members to replace some of the aging CEC members. In May 2023, the Solicitor General announced the government’s intent to establish the CEC as a permanent statutory body under the Environment (Protection) Act 1986, pending approval from the SC. In August 2023, the SC permitted the ministry to proceed with the formation of the CEC as a permanent body, with the ministry issuing the notification on September 5.
The New Setup of CEC: Key Changes
The notification outlining the new CEC structure emphasizes several notable shifts:
- Ministry Control: The committee will now operate under the administrative control of the Central Government’s Ministry of Environment.
- Member Selection: The ministry will have exclusive authority to appoint all CEC members, with no involvement from the SC.
- Funding Responsibility: The ministry will be responsible for funding the CEC, eliminating the court’s financial support.
- NGO Exclusion: The provision allowing two NGOs to participate in the committee has been eliminated. Now, individuals considered “experts” can become members.
Concerns Surrounding the New Setup
The transition of the CEC to the ministry’s control raises significant concerns:
- Loss of Autonomy: With the CEC now accountable to the ministry, its ability to independently evaluate the ministry’s decisions is compromised. This shift might hinder the committee’s ability to function effectively as an environmental watchdog.
- Reduced SC Influence: The changes introduced by the notification, particularly the Forest Conservation Act amendments, appear to diminish the SC’s influence over environmental matters. This may result in fewer appeals and legal actions related to environmental issues being brought before the court.
UPSC Mains Questions
- What are the potential advantages and disadvantages of the CEC’s transition from SC oversight to the Environment Ministry’s control?
- How might the CEC’s shift impact the effectiveness of environmental conservation efforts in India, considering its historical role in holding officials accountable?
- In what ways could the Environment Ministry ensure transparency and maintain the CEC’s integrity while exercising greater control over its operations?
- What implications might the reduced role of the Supreme Court in environmental matters have on the legal landscape and environmental protection in India?