Panel for New Delhi’s air: role, powers, what’s new

Due to year on year decrease in air quality of Delhi and NCR region, the central government has come up with an ordinance to establish a statutory body. The provisions of the ordinance shall apply to the National Capital Region and the adjoining areas concerning the air pollution in the National Capital Region.

The “adjoining areas” nrans the areas in the States of Haryana, Punjab, Rajasthan and Uttar Pradesh, adjoining the National Capital Territory of Delhi and the National Capital Region, where any source of pollution is located, causing adverse impact air quality in the National Capital Region.

(a) A full-time Chairperson who is or has been Secretary to the Government of India or Chief Secretary to the Government of a State.
(b) A representative of the Secretary to the Government of India in the Ministry Of Environment, Forest and Climate Change, who shall be an officer below the rank of Joint Secretary, ex officio;
(c) Five ex-officio who are either Chief Secretaries, or Secretaries in-charge of the department dealing with environment protection in the States of Delhi, Punjab, Haryana, Rajasthan and Pradesh;
(d) two full-time members who are or have been Joint Secretaries to the Government of india;
(e) three full-time independent technical Members to appointed from amongst persons having specific scientific knowledge and experience in matters relating to air pollution; (f) technical member from the Central Pollution Control ex officio;
(g) one technical member to nominated by the Indian Space Research Organisation, ex officio;
(h) three members from non-Governmental organisations having experience in matters concerning combating of air pollution
(i) one representative of the National Institution for Transforming India, not below the rank of Joint Secretary or Advisor, ex officio.
According to the ordinance Commission shall have at least the following three sub-committees:

The full-time Chairperson and full-time Members, other than ex officio Members, Of the Commission shall be appointed by the Central Government through a selection committee consisting of :

Minister in-charge of Ministry of Environment, Forest and Climate Change in the Government Of India – Chairperson;
Minister in-charge of the Ministry of Commerce and Industry in Government Of India — member;
Minister in-charge Of the Ministry Of Road Transport and Highways in the Government of India – member;
Minister in-charge of the Ministry of Science and in the Government Of India— member,
Cabinet Secretary – member

Shall issue directions and entertain complaints for the purpose of protecting and improving the quality of the air in the National Capital Region and Adjoining Areas and shall also have the duty to take all such measures for protecting and improving the air quality.
Commission can take measures to abate air pollution and to regulate or prohibit activities that are likely to cause or increase pollution in NCR and adjoining areas.
Commission or any officer authorised by it shall for the purpose of analysis have power to take samples of air from any factory, premises or other place in such manner as may be prescribed.
In regard to discharge of functions and exercising of its authority, the Commission and the sub-committees mentioned above will be bound by the directions and orders of the Central Government.
Commission can take up matters suo motu or on the basis of complaints made by any individual, representative body or organisation functioning in the field of environment.
Commission shall provide the mechanism and the means to implement in the National Capital Region and adjoining areas
It can provide an effective framework and platform in the National Capital Region and Adjoining Areas.
In case the directions issued by a state and the Commission clash, the decision of the Commission will be implemented.
Only NGT, and not civil courts, is authorised to hear cases where the commission is involved

Environment Pollution (Prevention and Control) Authority (EPCA)	Commission of Air Quality Management in National Capital Region and Adjoining Areas
Not backed by law but drew legitimacy from the Supreme Court.(Came up as part of the judgment in M C Mehta vs Union of India (1988).)	Backed by Ordinance.
It did have the authority to issue fines or directions and guidelines to the governments in other states.	Powers of fine may lie with the commission.
No state representatives, just two permanent members.	Will have representation from the state.

By forming this new commission, the government has taken the issue of air pollution out of the purview of the judiciary.
It will allow streamline participation from states and experts.

The committee consists more of central government representatives than the state government one, hence the political differences may lead to unsuccessfulness of the aim concerned.

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