Commission for Air Quality Management in National Capital
Region and its adjoining areas Bill, 2021
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Commission for Air Quality Management in National Capital
Region and its adjoining areas Bill, 2021
Union Minister of Environment, Forests and Climate Change, Bhupender Yadav
introduced the Commission for Air Quality Management in National Capital Region
and its adjoining areas Bill, 2021 in the which was passed in both the houses of the
Parliament amidst ongoing protests.
Initially the commission was formed as an ordinance on October 2020 that was signed by the President.
The ordinance stated that the act of stubble burning by the farmers would be criminalized and penalized which raised concern among the farmers
The Bill therefore could not replace the ordinance in the Budget session of the Parliament due to farmer’s protest and as a result the commission ceased to operate
The MoEFCC brought a second ordinance in April 2021 with modifications of decriminalizing the act of stubble burning. However, the penalty was not refrained.
After several negotiations with the farmers, the bill was finally introduced and passed in the Parliament.
The Functions and Powers of the Commission
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.
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 pollutant
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.
The Commission aims to consolidate all pollution-monitoring bodies, and bring them on one platform so that air-quality management can be carried out in
an efficient manner.
Composition of the Commission
The Commission 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 (who has been a Secretary to the Government of India, or a Chief Secretary to a State government).
The tenure of the post is 3yrs until he/she attains the age of 70 years
It will have members from several Ministries as well as representatives from the stakeholder States
It will have experts from the Central Pollution Control Board (CPCB), Indian Space Research Organization (ISRO) and Civil Society
Concerns from the Environmentalists
Concentration of power with the Central Government.
Majority in 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 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..