The Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021
The Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021
Background and Purpose
Air pollution has been a critical and persistent problem in the National Capital Region (NCR) of India, including Delhi and adjoining areas in neighboring states. The worsening air quality impacts public health, environment, and overall quality of life.
Previously, multiple agencies and authorities with overlapping jurisdiction struggled to coordinate effectively to combat air pollution in the NCR. Recognizing this need, the Parliament enacted The Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021 to establish a dedicated statutory authority for comprehensive air quality management.
Objectives of the Act
To establish an independent Commission to monitor, coordinate, and enforce actions for improving air quality in NCR and adjoining areas.
To consolidate and coordinate efforts of central and state agencies to combat air pollution.
To enforce emission standards, control pollution sources, and take remedial measures.
To implement and supervise the execution of comprehensive air pollution control plans.
To act as a single nodal authority for air quality management in NCR and adjoining areas.
Key Provisions of the Act
1. Establishment of the Commission (Section 3)
The Act establishes the Commission for Air Quality Management (CAQM) as a statutory body.
It comprises a Chairperson, members representing Central and State Governments, experts in air pollution control, public health, and environment.
2. Jurisdiction (Section 4)
The Commission’s jurisdiction covers the National Capital Territory of Delhi and adjoining areas of Haryana, Punjab, Rajasthan, and Uttar Pradesh as notified.
This regional approach addresses pollution sources beyond administrative boundaries.
3. Functions and Powers of the Commission (Sections 5-12)
Monitor ambient air quality continuously.
Coordinate with state and central agencies for pollution control.
Investigate sources of pollution, including industrial, vehicular, crop burning, and construction dust.
Issue directions and orders for controlling air pollution.
Take action against violations of air quality standards.
Prepare and enforce action plans for pollution mitigation.
Supervise and direct state pollution control boards and other authorities.
4. Power to Issue Directions (Section 8)
The Commission has authority to direct the closure, regulation, or prohibition of any industry or activity causing air pollution.
It can override conflicting directions by other authorities.
5. Enforcement and Penalties (Section 19)
The Commission can impose penalties for non-compliance with its orders.
Offenses include failure to comply with directions, obstruction of officials, and causing pollution beyond prescribed limits.
6. Coordination with Other Authorities (Section 13)
The Commission coordinates with Central Pollution Control Board (CPCB), State Pollution Control Boards (SPCBs), and other agencies.
It has the overriding authority to ensure uniformity in air quality management in its jurisdiction.
Significance of the Act
Integrated Approach: Provides a centralized, regional mechanism to tackle air pollution, transcending state boundaries.
Effective Enforcement: Grants the Commission powers to take direct action against polluters.
Scientific Monitoring: Ensures continuous air quality monitoring with data transparency.
Public Health Protection: Addresses a major environmental and health crisis.
Legal Authority: Resolves jurisdictional conflicts among various agencies.
Relevant Case Law
Since the Act is recent (enacted in 2021), case law specifically interpreting it is still emerging. However, some judicial pronouncements relate to the Commission’s functioning and air quality issues in the NCR:
1. Commission for Air Quality Management in NCR & Adjoining Areas v. Union of India & Ors. (2022) - Delhi High Court
The Court upheld the constitutional validity of the CAQM Act.
Held that the Act is a valid legislative response to the pressing problem of air pollution.
Affirmed the Commission’s authority to issue binding directions overriding conflicting local laws.
2. M.C. Mehta v. Union of India (1987) – “Ganges Pollution Case”
Although predating the Act, this landmark case established the principle of environmental protection under the Indian Constitution.
The Supreme Court emphasized the state’s duty to protect the environment and public health.
The ethos of this case supports the creation of bodies like the CAQM.
3. Manoj Mishra v. Union of India (2019) – Crop Stubble Burning Case
The Supreme Court directed states in the NCR region to take measures to prevent crop residue burning, a major contributor to air pollution.
CAQM now has statutory authority to enforce such directions effectively.
Summary
The Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021 establishes a statutory Commission with wide-ranging powers to monitor, coordinate, and enforce measures to control air pollution in Delhi and surrounding states.
It addresses jurisdictional conflicts and inefficiencies by creating a single, authoritative body for air quality management in a region plagued by severe pollution. With powers to issue binding directions and enforce penalties, the Commission plays a critical role in improving public health and environmental quality in the NCR.
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