Introduction
Air pollution constitutes the most critical environment health risk facing our global population. It is estimated to contribute to seven million premature deaths every year. For 92% of the world population, it is estimated to breathe toxic air quality (WHO 2016). India has been endeavouring to reduce air pollution in the country since decades. Enactments and guidelines of courts to reduce air pollution includes Air (Prevention and control of pollution) Act, 1981, Environment (Protection) Act, 1986, National Green Tribunal Act, 2010, L.K. Koolwal v. State of Rajasthan case upholding the Constitutional right to a clean environment, MC Mehta’s case Union Carbide corporation v. UOI propounding absolute liability principle and so on.
Regardless of the profuse of statutory and administrative framework, especially in the National Capital Region (NCR), the quality of air remains a cause of concern on account of the absence of vigorous implementation of measures and policies. In July 2019, India formally joined the Climate and Clean Air Coalition (CACC) of the United Nations Environment Programme (UNEP). The Minister of Environment, Forest and Climate change Mr Prakash Javadkar underlined India’s commitment to combat air pollution with a solution oriented approach.
In the World Air Quality Report, 2019, six out of the 10 most polluted cities of the planet were in India, all located in the NCR. In order to provide a permanent solution and establish a self-regulated, democratically-monitored mechanism for tracking air pollution in Delhi and adjoining states, the President of India, in exercise of the powers conferred by Clause (1) of Article 123 of the Constitution of India promulgated the ordinance “The Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020, on October 28, 2020.
About The Ordinance
Composition of the New commission
- The Commission will be chaired by a full-time chairperson who has been a Secretary to the Government of India or Chief Secretary to a State government.
- The chairperson will hold the post for three years or until they attain the age of 70 years.
- The Commission will have members from several Ministries as well as representatives from the States.
- The Commission will have experts from the Central Pollution Control Board (CPCB), Indian Space Research Organization (ISRO)and Civil Society.
Powers
- In matters of air quality and pollution management, the Commission will supersede all existing bodies such as the CPCB, and even the state governments of Haryana, Punjab, Rajasthan and Uttar Pradesh. It will have the power to give instructions to the states.
- The CPCB and its public power has the power to enforce provisions of the Environment Protection Act, 1986, for air, water and land pollution. Their power will continue. However, in case of dispute or a clash of jurisdictions, the Commission’s writ will prevail specific to matters concerning air pollution.
- The Commission will also coordinate efforts of state governments to reduce air pollution and lay down the parameters of air quality for the region.
- It will have the power to restrict the creation of industries in vulnerable areas and be able to conduct site inspections of industrial units.
- In the event of non-compliance with its instructions, the Commission may impose a fine of up to Rs 1 crore and imprisonment for up to five years.
The Role Of The NGT
- Only the National Green Tribunal (NGT), and no civil court, will have jurisdiction to examine cases where the Commission participates.
Environment Pollution (Prevention and Control ) Authority (EPCA) Vs New Commission
Through the ordinance, the Centre has also dissolved the Environment Pollution (Prevention and Control) Authority (EPCA) for the NCR.
- Jurisdiction: The EPCA, which was set up in 1998, looked at the NCR; the purview of the new Commission extends to “adjoining areas as well.”
- Statutory Status: The EPCA was not a statutory body but drew legitimacy from the Supreme Court. It did have the authority to issue fines or directions and guidelines to the governments in other states.
- However, it had no state representatives, just two permanent members.
- The Commission, for its part, will have representation from the state as well. It is a permanent and statutory body.
Performance
- Experts say that the EPCA has grossly failed in cleaning the air even after being in force for more than 20 years.
- One of the most important contributions of the EPCA is the notification of response action plan that describes the actions to be taken in the event of deterioration pollution, construction of the regional express transport system and adoption of BS VI fuel standards, among others measures.
- The new Commission’s performance will be compared by changes in the status quo when it comes to ground implementation and strict action on polluters.
Appreciation
- Jurisdiction: This Commission will look at the Delhi NCR and adjoining areas only, whereas, the mandate of the CPCB is to serve the whole country.
- Stubble Burning: A straw regulation mechanism is being established for the first time.
- Coordination: Earlier, there was no single body, authority, Ministry or state that was empowered or dedicated to ensure coordination among stakeholder states.
Conclusion
Over the past few years, it was noticed that sources of air pollution, especially in the NCR, consist a variety of factors viz. power, agriculture, transport, industry, residential and construction, all of which are beyond the local limits of NCR. This created the need for regional-level initiatives through inter-state and inter-city coordination, in addition to multi-sectorial synchronisation.
Soon after the Commission was formed, it identified dozens of urgent measures to curb air pollution and started working on them. From issuing directions to using bio-decomposer for stubble, directing switching over of all industries in Delhi to PNG (Piped Natural Gas) and directing them to use more efficient emission system, the Commission has attempted to improve air quality in the region.
The Commission has also started imposing heavy fines on violators including public sector undertakings. The Commission’s annual report, along with World AQR, will show the citizens how effectively the Commission has implemented its policies and whether the situation at the ground level has improved or not.