Context: The Commission for Air Quality Management in the National Capital Region and Adjoining Areas Bill, 2021, was recently introduced by the Union Minister for Environment, Forests and Climate, in Parliament and passed by both Houses amid ongoing protests.

Reason behind set up this Commission

• The monitoring and management of air quality in the Delhi NCR region has been done piecemeal by multiple bodies including the Central Pollution Control Board (CPCB), the state pollution control boards, the 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 in turn are monitored by the Union Ministry of Environment and Forests and Climate Change (MoEF), and the Supreme Court itself, which monitors air pollution as per the judgment in ‘M C Mehta vs Union of India’, 1988.
• The Ordinance seeks to create an overarching body to consolidate all monitoring bodies, and to bring them on one platform so air quality management can be carried out in a more comprehensive, efficient, and time-bound manner.
• The Centre also seeks to relieve the Supreme Court from having to constantly monitor pollution levels through various pollution-related cases.

Key Highlights of the Bill

• The bill seeks to create an overarching body to consolidate all monitoring bodies.
• The bill aims 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 bill seeks to relieve the Supreme Court from having to constantly monitor pollution levels through various cases.

About Commission for Air Quality Management in NCR

• It has replaced the Supreme Court-appointed Environment Pollution (Prevention and Control) Authority (EPCA).
• It will concentrate on improving air quality during winter in particular and suggest measures to mitigate pollution throughout the year.

Powers of Commission for Air Quality Management in NCR

• The Commission is the most powerful air pollution monitoring body set up by the Centre to date.
• 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.
• The orders of the commission will prevail in cases where conflict may arise between orders or directions issued by the other state governments, state pollution control boards or even the CPCB.
• It 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.
• 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.
• 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.
• It will also be monitoring the measures taken by the states to prevent stubble burning.

Composition of Commission for Air Quality Management in NCR
It will be 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

The members of the commission will also comprise of

• 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

It will also have three members, being stakeholders from sectors such as agriculture, industry, transport or construction apart from representatives of several ministries.

• The commission will have at least three sub-committees i.e. monitoring and identification, safeguarding and enforcement, and research and development.

Concerns associated with Commission for Air Quality Management Bill

• 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 offenses earlier had a penal provision of imprisonment of upto 5 years and a fine of Rs 1 crore which is the stiffest penalty that the Ministry has issued on air pollution offenses so far.
• The 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.
• It also 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.
• The experts have criticized the overwhelming number of bureaucrats in the commission, with only a token representation of environmental bodies and non-governmental groups.
• 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.
• The orders of the commission can only be contested before the National Green Tribunal.
• The environmentalists believe that it 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.

By: Shubham Tiwari