Commission for Air Quality Management (CAQM) - Overview & Functions

Deciphering the Commission for Air Quality Management

The CAQM was formed under the Commission for Air Quality Management in National Capital Region and Adjoining Areas, Act 2021 as a statutory body.

• After receiving presidential assent in August 2021, this Act replaced the Ordinance that was earlier promulgated by the government in April 2021.
• The primary goal of the Commission is to enhance coordination, conduct research, identify and address issues related to air quality in the NCR and its neighbouring regions including Punjab, Haryana, Uttar Pradesh, and Rajasthan.
• Prior to the establishment of CAQM, air quality around Delhi-NCR was managed and monitored by multiple bodies such as the Central Pollution Control Board (CPCB) , the state pollution control boards, the Environment Pollution (Prevention and Control) Authority (EPCA) of NCR, and the various state governments concerned.
• These bodies were further monitored by the Union Ministry of Environment, Forests and Climate Change and also the Supreme Court.
• With the establishment of CAQM, these bodies have been consolidated, making the CAQM the predominant body for decision making and issuing orders for the protection and improvement of air quality in Delhi and NCR.
• The consolidation of these bodies is aimed at making air quality management more efficient and coordinated.
• Through this initiative, the Centre also aims to alleviate the burden on the Supreme Court from having to constantly monitor pollution levels through various cases.
• CAQM has replaced the Environment Pollution (Prevention and Control) Authority (EPCA) which had been appointed by the Supreme Court and was operational for 22 years.
• The Centre deemed that the EPCA had become redundant and ineffective as it lacked penal provisions, which are now accorded to the CAQM.
• Non-compliance or contravention with the Commission’s orders or directions can lead to a prison term of up to five years and/or a fine of up to Rs. 1 crore.
• Only the National Green Tribunal will have the authority to hear cases involving the CAQM, excluding the civil courts.

To further understand the extent of air pollution in Delhi, refer to this article on Delhi air pollution.

The Powers & Functions of Commission for Air Quality Management

The Commission has been vested with significant powers to fulfill its mandate. It is a powerful entity whose rulings will supersede any other law.

• The Commission has the authority to take measures, issue directions, and entertain complaints to protect and improve the quality of air in the National Capital Region.
• It will also coordinate actions taken by states on air pollution and will establish parameters for air quality and emission or discharge of environmental pollutants.
• It has the authority to restrict industries in any area, conduct random inspections of any premises, including factories, and even shut down an industry or cut its water and power supply in case of non-compliance.
• The actions taken by states to prevent stubble burning will also be monitored by the CAQM.

To enhance your knowledge on air pollution, read about Smog , a severe type of air pollution.

The Members of the Commission for Air Quality Management

The Commission is led by a Chairperson who should have a minimum of 15 years of experience in the field of environmental protection and pollution control or administrative experience of not less than 25 years.

• The members include an official from the Environment Ministry; one full-time member who is or has been a joint secretary; five ex-officio members who are either chief secretaries or secretaries from Delhi, Punjab, Haryana, Rajasthan and Uttar Pradesh; three full-time independent technical members who are experts in air pollution; one full-time member who is or has been a joint secretary; one technical member each from the CPCB and ISRO; one representative of the NITI Aayog; and three members from non-governmental organisations who deal in air pollution.
• The commission will also include three members, comprising stakeholders from sectors like industry, agriculture, transport or construction and also representatives of several ministries, including Power, Road Transport & Highways, Housing & Urban Affairs, Petroleum & Natural Gas, Commerce and Industry and Agriculture and Farmers’ Welfare.
• There will also be representatives from any association from the commerce or industry sector.

The CAQM will have a minimum of three sub-committees namely, monitoring and identification, research and development, and safeguarding and enforcement.

Concerns Regarding the Commission for Air Quality Management

Certain concerns have been raised about the establishment of the Commission for Air Quality Management.

• Environmentalists have voiced their concerns about the central government's apparent concentration of power.
• Concerns have also been expressed about the Commission's membership, with critics arguing that there is only token representation for environmental bodies and NGOs, while bureaucrats are overwhelmingly represented.
• State governments have only one representative each, while the central government has a large representation.
• States have expressed concerns about the overarching powers vested in the CAQM.
• By dissolving the EPCA, the government has removed the issue of air pollution from the purview of the judiciary.

Latest News on Commission for Air Quality Management

The CAQM has directed the State Governments of Haryana, Uttar Pradesh, Rajasthan and GNCTD to develop an online mechanism through a web portal for monitoring the compliance of dust mitigation measures by the project proponents. More details can be found in PIB dated Oct 1, 2021 .