Centre brings Ordinance to set up permanent Commission to tackle air pollution In Delhi NCR
President of India in October 2020 signed an Ordinance brought by the Central Government to set up a permanent commission to tackle air pollution in Delhi-National Capital Region and adjoining areas.
Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance 2020
What this ordinance does ? 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.
Who will be its Chairperson? It will be headed by a Chairperson appointed by the central government. A person who is or has been a Secretary to the Government of India or Chief Secretary to a State Government will be Chairperson.
Place of the commission ? The commission which will be headquartered at Delhi, will comprise representatives from the States of Punjab, Haryana, Uttar Pradesh and Rajasthan.
Powers of the commission ? It will have powers to "take all such measures, issue directions and entertain complaints for the purpose of improving and protecting the air quality of Delhi-NCR".
What is the effect of violation of orders of commission ? The violation of the orders of the Commission are punishable with imprisonment for a term which may extend upto five years or fine which may extend up to Rupees One Crore or both.
Who sits as appeal from commission ? The appeals from the orders of the Commission will go to the National Green Tribunal and jurisdiction of civil courts over it has been barred.
Interesting jurisdiction of the Commission | The 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.
Superiority of the Commission | In case of any conflict between orders and directions passed by this commission and by State governments, the Commission's orders will prevail.
RELATING CURRENT AFFAIRS WITH STATIC LEGAL PROVISIONS
Article 21 of the Indian Constitution states: 'No person shall be deprived of his life or personal liberty except according to procedures established by law.
Article 48A: Protection and improvement and safeguarding of forests and wild life: The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country
Subash Kumar State of Bihar- (1991) 1 SCC 598 the Court observed that 'right to life guaranteed by article 21 includes the right of enjoyment of pollution-free water and air for full enjoyment of life.
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