The Centre told the Supreme Court on Tuesday that members of the Commission for Air Quality Management in NCR and Adjoining Areas (CAQM), including chairperson Rajesh Verma, have extensive expertise dealing with air pollution and environmental challenges.
“The Rules further provide that the selection committee must control its procedure for making recommendations after considering the fitness of the candidates, their past performance record, integrity, and any other factors it deems acceptable. In an affidavit, the Centre stated that the Chairperson and three full-time (Technical) Members were appointed per the requirements of the Act/Rules cited above.
A three-judge bench led by Justice Abhay Oka instructed the Centre to file an affidavit to “satisfy us that the Chairperson has the requisite qualifications” on October 3. “If there are no actual specialists in the field of air pollution, this Court may exercise its authority under Article 142 of the Indian Constitution to appoint certain experts in the field. The decree indicated that two NGO member positions are still unfilled. With winter approaching, air pollution and its management are once again at the forefront of the national capital. This raises fundamental doubts about the qualifications of CAQM officials.
The CAQM Act, 2021, established the Commission and went into effect on April 13 of the same year. The air quality monitoring body is responsible for improving coordination, research, problem identification, and resolution of air quality index and related issues in the National Capital Region and nearby areas. It has the authority to take action, issue directives, and hear complaints to protect and improve air quality in the region. The Commission must have a full-time chairwoman who has at least 15 years of expertise in environmental protection and pollution management, or 25 years of administrative experience.
Learned senior lawyer Gopal Sankarnarayanan addressed the question of the Commission’s expert members’ qualifications. Concerns were made during the October 3 hearing about the qualifications of the three independent technical members, noting that experience in air pollution topics was not met, and the full-time chairperson lacked experience in ‘environment protection and pollution control’. The Supreme Court took up the case. The Centre said that the Technical Members “possess experience on the subject of Air Pollution”. Currently, the CAQM consists of 24 members.