President promulgates ordinance to tackle air pollution in Delhi NCR

OVERVIEW

• Central government had assured the Supreme Court that a legislation will be introduced to tackle air pollution in Delhi-NCR after which the Court kept its order to appoint a one-man judicial committee.
• Ordinance sets up Commission on Air Quality Management in Delhi-NCR; SC defers hearing to Friday after Solicitor General Tushar Mehta informs it about ordinance.
• The Commission is to have exclusive jurisdiction over NCR, including areas in Haryana, Punjab, Uttar Pradesh and Rajasthan, in matters of air pollution.
• The Centre on Thursday told the Supreme Court that it has brought an ordinance to deal with air pollution problem in Delhi-NCR which turns into a virtual gas chamber during October-November due to stubble-burning by farmers in Punjab, Haryana, UP and Delhi.

BACKGROUND

• The President on Wednesday signed an ordinance brought in by the Centre for a Commission to manage air quality in the National Capital Region.
• The executive order notified late last night provides for setting up of a permanent commission for air quality management in Delhi-NCR for coordination, research, identification and resolution of problems concerning air quality.
• As per the ‘Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance 2020’, the body will be chaired by a government official of the rank of Secretary or Chief Secretary, and will include the Secretary Ministry of Environment, Forests and Climate Change and five other Secretary/Chief Secretary level officials as ex-officio members.
• During hearing on PILs on air pollution, Solicitor General Tushar Mehta informed a Bench headed by CJI SA Bobde that the President had promulgated the ordinance which sets up Commission on Air Quality Management in Delhi-NCR.

WHAT WAS CAUSING THE AIR POLLUTION?

• The Bench said some experts had said that it's not only stubble-burning that creates pollution.
• "All of you should stop using the beautiful cars and start using bicycles now," the CJI commented.
• Despite a ban on stubble-burning in Punjab and Haryana, farmers continue to do so because of lack of financial incentives to switch over to environment-friendly farm waste management practices.
• Last year, Punjab produced around 20 million tonnes of paddy residue of which farmers burnt 9.8 million tonnes while the figures in Haryana stood at 7 million tonnes and 1.23 million tonnes, respectively.

ABOUT THE ORDINANCE

• The ordinance stipulates an eighteen-member commission called the "Commission for Air Quality Management in National Capital Region and Adjoining Areas" to be set up which will be headed by a Chairperson appointed by the central government.
• The commission which will be headquartered at Delhi, will comprise representatives from the States of Punjab, Haryana, Uttar Pradesh and Rajasthan.
• It will be empowered to issue directions to control air pollution and take cognizance of complaints. The commission will also have the authority to slap fines and will be responsible for laying down parameters to curb emissions and keep air quality under control.

WHAT WILL THE NEWLY SET-UP COMMISSION WILL LEAD TO?

• It means the newly set-up Commission - which is to function under the Central Government - will replace the Environment Pollution Control Authority (EPCA) constituted by the Supreme Court more than two decades ago.
• Any non-compliance of measures or directions of the Commission will attract a maximum jail term of five years or fine up to Rs one crore or both.
• Importantly, this commission will supersede all the other bodies and authorities formed through judicial orders or otherwise on the aspect of air quality management and this commission will have "exclusive jurisdiction" in this domain.

THE DECISION CAME THREE DAYS AFTER MEHTA ASSURED THE TOP COURT THAT THE GOVERNMENT WAS IN THE PROCESS OF INTRODUCING A LAW TO DEAL WITH THE MENACE OF AIR POLLUTION IN DELHI-NCR. THE TOP COURT HAD DECIDED TO KEEP IN ABEYANCE ITS ORDER TO APPOINT JUSTICE MB LOKUR (RETD) AS A ONE-MAN PANEL TO CHECK STUBBLE-BURNING.

DO YOU THINK THIS MOVEMENT WILL HELP TO IMPROVE THE ENVIRONMENT?

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