CENTRAL EMPOWERED COMMITTEE

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Picture Courtesy: Indian Express

Context: The recent changes in the functioning of the Central Empowered Committee (CEC), a body set up by the Supreme Court to oversee cases related to environmental conservation, have raised concerns among environmentalists and stakeholders.

Key Highlights of the changes made in the functioning of the Central Empowered Committee (CEC)

• Changes in Reporting Structure: The Central Empowered Committee (CEC), which was originally set up to report directly to the Supreme Court, will now report to the Ministry of Environment, Forest and Climate Change. This shift in reporting structure means that the Ministry will have more control over the CEC's functioning.
• Nomination of Members: The Ministry of Environment will now nominate members to the CEC, and the Supreme Court will not be involved in the selection process. This change gives the Ministry greater authority in choosing CEC members.
• Funding: The Ministry, rather than the Supreme Court, will fund the CEC. This alteration could potentially impact the independence of the CEC in carrying out its functions.
• NGO Representation: The previous provision of having two non-governmental organizations (NGOs) as members of the CEC has been removed. Instead, individuals considered "experts" can now be included as members. This change may impact the diversity of perspectives within the committee.
• Final Decision: The Ministry's decisions regarding the recommendations of the CEC will be final. If the Ministry disagrees with a CEC recommendation, it must provide written reasons for its decision.

Concern

• While some argue that reforms to the CEC were necessary, there are concerns that these changes could reduce the committee's independence and its ability to evaluate the Ministry's decisions effectively.
• Environmentalists and experts are worried that the Ministry's increased control over the CEC could impact environmental conservation efforts and potentially weaken the role of the Supreme Court in environmental matters.
• Overall, the changes in the functioning of the CEC have sparked a debate about the balance between environmental conservation and administrative control. Environmentalists and stakeholders will closely monitor the impact of these changes on environmental governance in India.

Central Empowered Committee (CEC)

About

• The Central Empowered Committee (CEC) is a committee established in India to address environmental and conservation-related issues. It was created by the Supreme Court of India to ensure compliance with its orders and directives concerning environmental conservation. The CEC was initially set up in 2002 and reconstituted in 2008 to enhance its effectiveness in safeguarding the environment.
• The CEC is typically composed of a group of experts and officials with expertise in various aspects of environmental conservation. This includes retired Indian Administrative Service (IAS) officers, retired Forest Service officers, legal experts, and environmentalists. The committee is usually chaired by a senior retired IAS officer.
• Historically, the CEC has operated independently and directly reported to the Supreme Court. This independence has allowed it to evaluate and assess decisions and actions taken by government authorities, especially the Ministry of Environment, Forest and Climate Change, to ensure they align with the court's environmental directives.
• The primary mandate of the CEC is to identify instances of non-compliance with Supreme Court orders related to environmental conservation. It investigates and assesses cases referred to it by the Supreme Court and provides recommendations and reports to address environmental violations.

Significance

• Environmental Policy Influence: The CEC's reports and recommendations have a substantial impact on shaping environmental policies in India. Its expertise and insights contribute to informed policy debates and the formulation of guidelines for conservation and sustainable development.
• Accountability: One of the CEC's primary responsibilities is to ensure accountability in environmental conservation efforts. By holding government authorities accountable for their actions and decisions, the CEC reinforces the importance of complying with Supreme Court orders and environmental laws. This accountability fosters transparency and upholds the rule of law.
• Legal Action: The CEC's ability to take legal action against instances of non-compliance is a crucial tool in deterring environmental violations. By initiating legal proceedings and recommending penalties and corrective actions, the CEC sends a strong message that environmental violations will not be tolerated.

Challenges

Changes in Reporting Structure

• The recent shift in the reporting structure of the CEC, where it now reports to the Ministry of Environment, Forest and Climate Change instead of directly to the Supreme Court, has raised concerns. This change may impact the committee's independence and its ability to evaluate environmental matters objectively. The CEC's credibility and effectiveness could be affected if it is seen as being influenced or controlled by government authorities.

Reduced Supreme Court Oversight

• Experts are concerned that the alteration in the reporting structure might diminish the role of the Supreme Court, particularly its Forest Bench, in addressing environmental appeals. If the CEC reports to the Ministry, there may be questions about the extent to which the Supreme Court can exercise direct oversight and control over environmental matters. This could potentially reduce the court's ability to provide timely and independent judgments on conservation issues.

Addressing these challenges requires a careful balance between ensuring the CEC's independence and maintaining effective oversight of environmental conservation. Transparency, accountability, and the preservation of the rule of law are essential principles that should guide any changes in the CEC's structure and functioning.

Way Forward

• Balancing Independence and Accountability: Striking the right balance between the CEC's independence and its accountability to the legal and regulatory framework is crucial. Any changes in its reporting structure or mandate should be carefully designed to preserve its ability to evaluate environmental matters objectively while ensuring it adheres to legal requirements and transparency.
• Transparency: Maintaining transparency in the CEC's operations and decisions is essential. This includes providing clear explanations for its recommendations and actions, making its reports accessible to the public, and engaging with stakeholders to build trust. Transparency enhances the credibility of the CEC and promotes confidence in its decisions.
• Continued Environmental Advocacy: The CEC should continue its advocacy for environmental protection and sustainable development. Regardless of changes in its structure or reporting lines, it should remain dedicated to its mandate of safeguarding the environment and advocating for policies and actions that promote conservation.
• Legal Reforms: Policymakers and environmental advocates should actively engage in discussions and legal reforms to address challenges that may hinder the CEC's effectiveness. These reforms should aim to strengthen the CEC's role in environmental governance, enhance its autonomy, and ensure that it can carry out its mandate effectively.

Conclusion

• The Central Empowered Committee (CEC) has been a vital institution in India's environmental governance, ensuring compliance with Supreme Court orders and shaping environmental policies. Recent changes in its reporting structure have raised concerns about its independence and the potential reduction in Supreme Court oversight. To safeguard its effectiveness, it is essential to strike a balance between independence and accountability, maintain transparency, continue environmental advocacy, and consider necessary legal reforms. The CEC's role in environmental conservation remains crucial, and its future should prioritize the protection of India's natural resources and sustainable development.

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NEW FOREST CONSERVATION RULES: https://www.iasgyan.in/daily-current-affairs/new-forest-conservation-rules

PRACTICE QUESTION Q. How has the Central Empowered Committee (CEC) contributed to shaping environmental policies and ensuring compliance with Supreme Court orders in India, and what recent changes have raised concerns about its effectiveness?

https://indianexpress.com/article/india/central-empowered-committee-sc-hands-over-its-green-watchdog-committee-to-environment-ministry-8929659/