The Union Environment Ministry has set up a new Central Empowered Committee (CEC), replacing an ad hoc expert panel with the same name which assisted the Supreme Court in matters of forest and environment issues.
Key Points About the Central Empowered Committee (CEC)
- Permanent Statutory Body: As per the Ministry’s notification, the Central Empowered Committee will now function as a permanent statutory body instead of being an ad hoc entity. This move aims to strengthen governance in environmental matters.
- Report to the Environment Ministry: Unlike the previous structure, where the CEC directly assisted the Supreme Court, the new Central Empowered Committee will now report directly to the Ministry of Environment. The Ministry will have the final say on the merit of its recommendations, and its members will be nominated by the Ministry.
- Government’s Authority: If any recommendation by the Central Empowered Committee is not acceptable to the central or state government, a written explanation must be provided, and the government’s decision will be final.
- Oversight Role: The CEC will continue to serve as a watchdog, ensuring compliance with environmental laws and conservation efforts.
- Pivotal Role in Shaping Policy: Over the years, the Central Empowered Committee has played a vital role in shaping India’s environmental policies, impacting the governance landscape.
- Context: This development follows the passage of the Forest Conservation (Amendment) Bill, 2023, which further highlights the government’s focus on enhancing environmental protection measures.
Structure and Composition of the Central Empowered Committee (CEC)
- Under the revamped structure, the CEC will comprise a chairperson, a member secretary and three expert members
- The previous committee also included the members from Non-Governmental Organizations (NGO) whereas this newly structured committee completely removes the presence of NGO members.
- The current CEC is chaired by retired IAS officer PV Jayakrishnan and includes four other members: Retired Forest service officers Amarnatha Shetty, Dr Maharaj K Muthoo, SK Patnaik, and lawyer and naturalist Mahendra Vyas.
Qualifications of the Central Empowered Committee Members
- The chairperson, with a minimum of 25 years of experience in environmental, forestry, or wildlife fields or substantial administrative expertise in government, will serve a maximum term of three years.
- The member secretary must hold a rank not lower than deputy inspector general or director in the government and possess at least 12 years of experience in environmental, forestry, or wildlife matters.
- The three expert members, one each from the environment, forest, and wildlife sectors, should have a minimum of 20 years of expertise.
History and Establishment of the Central Empowered Committee (CEC)
- The establishment of the CEC can be traced from the landmark case of N. Godavarman Thirumulpad v. Union of India & Ors (1997).
- This case, initiated in 1995, pertained to the conservation and protection of one of India’s ecologically fragile regions.
- The SC recognizing the need for a specialized body to assist in the adjudication of complex environmental matters, constituted the CEC in 2002.
- The committee was reconstituted in the year 2008.
Major Contributions of the Central Empowered Committee (CEC)
- It gave detailed report about illegal mining in Goa in year 2012
- It presented a report in 2014 criticizing the Odisha Government over the production of iron ore and manganese without environment clearance or beyond the period of environment clearance in the mining leases in the state.
- It reported the matter filed before it by the Kudremukh Wildlife Foundation and others regarding alleged illegal diversion of forest lands for non-forest uses in the region in Karnataka.
- It rejected the doubling of railway tracks from Castle Rock in Karnataka to Kulem in Goa, which was accepted by SC in May 2023.
Impact of the New Central Empowered Committee Structure
- It has diluted the CEC’s autonomy on four key counts:
- The committee will report to the ministry, instead of the SC;
- The ministry will pick all the members and the SC will have no role in the process;
- The ministry, and not the court, will fund the committee;
- The provision of having two NGOs in the committee has been done away with.
- Now anyone considered an “expert” can be included as a member
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