- Dissolving the 22-year-old Environmental Pollution (Prevention and Control) Authority that has so far addressed air pollution in Delhi, the Centre has constituted a “permanent” body — Commission for Air Quality Management in National Capital Region and Adjoining Areas.
- Encompassing Delhi, Punjab, Rajasthan, Haryana, and Uttar Pradesh, the allpowerful body assumes several powers to coordinate action among States, levy fines — ranging up to ₹1 crore or five years in prison — to address air pollution. Brought in via an ordinance, the commission awaits a formal perusal by the Supreme Court before it can be brought into effect
- The panel will have at least six permanent members and will be headed by a former or incumbent Secretary to the Central government, or a Chief Secretary to a State government. It will have members from Ministries as well as representatives from States.
- The Central Pollution Control Board and its State branches have the powers to implement provisions of the Environment (Protection) Act for air, water, and land pollution. In case of dispute or a clash of jurisdictions, the commission's writ will prevail specifically to matters concerning air pollution.
- A major weakness, environmentalists, and experts have said in tackling air pollution in Delhi-NCR, has been the inability of agencies such as the CPCB to consistently enforce rules on the ground.
- EPCA had almost similar powers but failed miserably in cleaning the air even after being in force for more than 20 years. The question of whether it’s a positive move or just a wasteful exercise will be decided on the fact whether the ordinance changes the status quo when it comes to ground implementation
What is EPCA?
- The EPCA was constituted with the objective of protecting and improving the quality of the environment and preventing and controlling the environmental pollution in the National Capital Region, under the provisions of the Environment (Protection) Act, 1986. The EPCA is also mandated to enforce Graded Response Action Plan (GRAP) in the city as per the pollution levels.
- The reason why EPCA is an authority, and not just an advisory committee, is because it has powers similar to those enjoyed by the Centre. Specifically, it can issue directions in writing to any person, officer or authority, including for – but not limited to – stoppage of electricity, water and other services. If its directions are not followed, it has powers to file criminal complaints (under section 19 of the Act) before courts.
- The EPCA has been empowered to take Suo motu action as well as on the basis of complaints made by any individual, representative body or organization functioning in the environmental issues sector. One of the EPCA’s important powers is the redressal of grievances through complaints.
- Given that the EPCA has been empowered to initiate prosecution, the presence of officials from so many departments and municipal corporations is a cause for concern. This is because most violations of environmental law in India happen thanks to the connivance of enforcement agencies, including municipal bodies.
- EPCA was reconstituted with 20 members after the expiry of its last tenure in 2018. Members include DG of TERI; CEO of Centre for Energy, Environment, and Water; former professor of surgery, AIIMS.
Source: The Hindu
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