Commission for Air Quality Management in the National Capital Region and Adjoining Areas Bill, 2021

In News 

Recently, the Commission for Air Quality Management in the National Capital Region and Adjoining Areas Bill, 2021 was passed by both Houses amid ongoing protests. 

Need for Bill 

• Lack of a Permanent Mechanism:
  • There was a lack of a permanent, dedicated and participative mechanism to adopt a collaborative and participatory approach that involves relevant central ministries, state governments, local bodies and other stakeholders to tackle air pollution, in the NCR and adjoining areas.
• Piecemeal Approach: 
  • The monitoring and management of air quality in the Delhi-NCR region have been done in pieces by multiple bodies, including :
    • Central Pollution Control Board (CPCB)
    • States pollution control boards
    • State governments in the region, including Delhi, Haryana, Uttar Pradesh, and Rajasthan, and the Environment Pollution (Prevention and Control) Authority (EPCA) of the National Capital Region.
• They all are monitored by the Union Ministry of Environment and Forests and Climate Change (MoEF), and the Supreme Court which monitors air pollution as per the judgment in the ‘MC Mehta vs Union of India’ case in 1988.
• Issues in Environment Pollution (Prevention and Control) Authority (EPCA):
  • Over the years, the  Supreme Court-appointed Environment Pollution (Prevention and Control) Authority EPCA’s powers had been waning and it was felt that the EPCA had become redundant and had been ineffective in addressing issues related to air pollution. 
• It is observed that sources of air pollution, particularly in the National Capital Region, consist of a variety of factors that are beyond the local limits of the National Capital Region.
• Therefore, it was deemed necessary to take up immediate legislative measures to set up a Commission for Air Quality Management in the National Capital Region and Adjoining Areas.
  • It would replace old panels to streamline public participation, inter-state cooperation, expert involvement and persistent research and innovation.

Major Provisions of the Bill 

•  The bill dissolves the Environment Pollution Prevention and Control Authority(EPCA) established in the NCR in 1998.  
• The Bill seeks to create an overarching body to consolidate all monitoring bodies and to bring them on one platform so that air quality management can be carried out in a more comprehensive, efficient, and time-bound manner.
• The government seeks to relieve the Supreme Court from having to constantly monitor pollution levels through various cases.

Composition of the New Commission

• Headed by: A full-time chairperson with experience of not less than 15 years in the field of environmental protection and pollution control or having administrative experience of not less than 25 years. 
• Members: an official from the Environment Ministry
  • Five ex-officio members who are either chief secretaries or secretaries from Delhi, Punjab, Haryana, Rajasthan and Uttar Pradesh
  • One full-time member who is or has been a joint secretary
  • Three full-time independent technical members who are experts in air pollution
  • One technical member each from the Central Pollution Control Board and Indian Space Research Organisation.
  • Three members from non-governmental organisations who deal in air pollution and one representative of the National Institution for Transforming India.
  • The commission will have at least three sub-committees —monitoring and identification, safeguarding and enforcement, and research and development.

Powers and Functions of the New Commission

• Overriding Powers: The rulings by the commission on air pollution will override anything contained in any other law. The powers of the commission will also supersede that of any other body in matters of air pollution. 
  • Therefore, in cases where conflict may arise between orders or directions issued by the other state governments, state pollution control boards or even the Central Pollution Control Board, the orders of the commission will prevail.

• Improving the quality of air: The Commission will have the power to take measures, issue directions and entertain complaints “for the purpose of protecting and improving the quality of air in the National Capital Region”.
• Coordination: It will also coordinate action taken by states on air pollution and will lay down parameters for air quality and emission or discharge of environmental pollutants. 
• Inspections:  It will also have powers to restrict industries in any area, carry out random inspections of any premises including factories and be able to close down an industry or cut its power and water supply in case of non-compliance.
• Monitoring: It will also be monitoring the measures taken by the states to prevent stubble burning.

Issues 

• Decriminalizing stubble burning for farmers
  • The protests against a section of the Bill that proposes penalization for stubble burning had started during the farmers’ protests when unions had raised their voices against it. The Centre had conceded to their demands by decriminalizing stubble burning for farmers, or any other means of polluting. 
    • These offences earlier had a penal provision of imprisonment of up to 5 years and a fine of Rs 1 crore, the stiffest penalty that the Ministry has issued on air pollution offences so far.
    • While the penalty still exists for other sectors and individuals, imprisonment is no longer imposed on the farming community. 
    • These changes were made in the April ordinance after negotiations with farmers and carried through to the Act.
    • However, while Clause 14 of the Act says that “the provisions of this section shall not apply to any farmer for causing air pollution by stubble burning or mismanagement of agricultural residue”
      • The very next clause says that the commission “may impose and collect environmental compensation from farmers causing air pollution by stubble burning, at such rate and in such manner, as may be prescribed”.
• Concentration of power:
  • Environmentalists have raised concerns over the concentration of power with the Central Government.  They have also criticized the overwhelming number of bureaucrats in the commission, with “only a token representation” of environmental bodies and non-governmental groups.
• Jurisdiction issue:
  • The Act further says that no civil court will have jurisdiction to entertain any suit, proceeding or dispute pertaining to or arising out of the actions taken or directions issued by the commission and that orders of the commission can only be contested before the National Green Tribunal. 
    • Environmentalists believe that this restricts legal action that can be taken on environmental matters as citizens so far could approach the Supreme Court and other courts directly with these issues.

Way Forward 

• There is a need to evolve and implement a consolidated approach for monitoring, tackling and eliminating the causes for air pollution and identifying, specifying and rigorously enforcing measures for elimination and mitigation of air pollution.
• It should be aimed at controlling or eliminating the activities of stubble burning, vehicular pollution, industrial emissions, road dust, biomass burning and urban construction.
• Therefore, It is necessary to have a statutory authority with appropriate powers and charged with the duty of taking comprehensive measures to tackle air pollution with power to coordinate with concerned States and the Central government and issue directions to statutory authorities established under various laws 

Source: IE