In a significant move, the President of India has recently signed ‘The Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020.’ The ordinance ushers in a new authoritative body – the Commission for Air Quality Management in National Capital Region (NCR) and Adjoining Areas. This development also leads to the dissolution of the Environment Pollution (Prevention and Control) Authority (EPCA) for the NCR.
Background Information
The task of overseeing and managing air quality in the Delhi NCR region previously saw the involvement of several bodies. These included the Central Pollution Control Board (CPCB), state pollution control boards, regional state governments, such as those of Delhi, Haryana, Uttar Pradesh, and Rajasthan, and the EPCA. The performance of these groups was assessed by the Union Ministry of Environment and Forests and Climate Change (MoEFCC), and the Supreme Court. Launched in 1998, EPCA is a Central Government-appointed committee formed in response to a Supreme Court order.
The newly introduced Ordinance aims at creating a cohesive body that subsumes all other monitoring bodies and provides a unified platform for managing air quality more comprehensively, efficiently, and within a dedicated timeframe.
New Commission Composition and Role
The Commission will be led by a chairperson who has been a Secretary to the Government of India, or a Chief Secretary to a State government. The chairperson will remain in the position for three years or until they reach 70 years of age. The Commission will include members from several Ministries, representatives from stakeholder States, experts from the CPCB and Indian Space Research Organisation (ISRO), and Civil Society.
With regards to air pollution and air quality management, the powers of the Commission overrule those of all existing bodies such as the CPCB, and even the state governments of Haryana, Punjab, Rajasthan, and Uttar Pradesh. These authorities can implement provisions of the Environment Protection Act, 1986 for air, water, and land pollution. However, in case of a clash of jurisdictions or disputes, only the Commission holds the authority to take the final call pertaining to air pollution issues.
New Commission’s Jurisdiction and Powers
The Commission will work closely with state governments to mitigate air pollution and establish the parameters of air quality for the region. They have the authority to restrict the establishment of industries in susceptible areas and conduct site inspections of industrial units. Additionally, they can impose a penalty of up to Rs. 1 crore and a prison sentence of up to five years if their directives are violated.
The National Green Tribunal’s Role and New Commission’s Powers
Cases involving the Commission will be examined exclusively by the National Green Tribunal (NGT) and not by civil courts. EPCA vs New Commission jurisdiction: The EPCA, established in 1998, focused on the NCR; whereas, the new Commission will extend its scrutiny to “adjoining areas as well”.
Statutory Status and Performance of the EPCA vs New Commission
EPCA was not a statutory body but garnered legitimacy from the Supreme Court. Despite having the power to issue fines or directions and guidelines to the governments in other states, it lacked state representative members. However, the Commission will have state representation and functions as a permanent and statutory body.
Although EPCA has made some notable contributions, critics argue that it has failed in cleaning the air even after being operative for more than 20 years. The performance of the new Commission will be measured based on changes in the status quo when it comes to ground implementation and strict action on polluters.
Appreciation, Criticism, and The Way Forward
The Commission has garnered appreciation for its focus on the Delhi NCR and adjoining areas, introduction of a regulatory mechanism for stubble burning, and emphasis on coordination between stakeholder states. However, it faces criticism over the overrepresentation of the Central Government, concerns of states over the commission’s overarching powers, political differences playing a part in its functioning, and not following an air-shed based approach.
Addressing public issues like air pollution requires democratic conceptualisation of legal and regulatory changes. A comprehensive solution necessitates augmenting intra-city public transport, transitioning industries and power plants from polluting fuels to cleaner alternatives, and conducting thorough reviews of laws and institutions. Engaging in detailed consultations with all relevant stakeholders – including farmers’ groups, small scale industries, and the public – is also crucial.
