Air quality panel members have sufficient experience, Centre tells SC

On October 3, a three-judge bench headed by Justice Abhay Oka directed the Centre to file an affidavit to “satisfy us that the Chairperson has requisite qualifications”. “If there are no true experts in the field of air pollution, this Court will have to exercise powers under Article 142 of the Constitution of India to include some experts in the field. Two posts of NGO members are still kept vacant,” the order had stated.

With winter approaching, air pollution and its management once again take centre stage in the national capital. This also makes questions on the qualifications of the CAQM officials critical.

The Commission was constituted through the CAQM Act, 2021, which came into force in the same year on April 13. The air quality monitoring body is tasked with better coordination, research, identification, and resolution of problems surrounding the air quality index and related matters in NCR and adjoining areas. It has the power to take measures, issue directions and entertain complaints to protect and improve the air quality in the region.

The Commission is required to have a full-time chairperson with experience of not less than 15 years in the field of environmental protection and pollution control, or administrative experience of not less than 25 years.

The issue about the qualification of expert members of the Commission was addressed by learned senior counsel, Gopal Sankarnarayanan. During the October 3 hearing, concerns were raised on the qualification of the three independent technical members, stating that experience in matters related to air pollution was not met nor does the full-time chairperson have experience in ‘environment protection and pollution control’.

The SC bench took up the matter. In response, the Centre said the Technical Members “possess experience on the subject of Air Pollution”. There are 24 members presently as part of the CAQM.

On requisite qualification of the chairperson, it stated as per the Section 3(2)(a) clause of the CAQM Act, 2021, Rajesh Verma, an officer of the 1987 batch of the IAS, Odisha cadre, “has vast administrative experience of over 35 years. He’s worked in various capacities in state governments and the Centre, including in the area of Energy or Agriculture and Cooperation or Finance and Industries.”

Verma took charge as chairperson on September 9 this year and succeeded Dr M M Kutty, who completed his three-year tenure as a full-time chairperson of the Commission.