A proposal for creating the Indian Environmental Service (IES)

Recommendations of T.S.R. Subramanian committee on environmental regulation in India

 A proposal for creating the Indian Environmental Service (IES)

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• The story: The Supreme Court has asked the Government to create an Indian Environmental Service (IES) as recommended by a committee headed by former Cabinet secretary T.S.R Subramanian in 2014.
• Key points: The Subramanian Committee was set up in August 2014 to review the existing environmental laws and the procedures followed by the Ministry of Environment, Forest and Climate Change. It suggested several amendments to existing laws and regulations, including those relating to environment, forest, wildlife and coastal zone clearances and even existing institutional structures related to environmental regulation.

1. It proposed an ‘Environmental Laws (Management) Act’ under which two expert bodies, the National Environmental Management Authority (NEMA) and State Environmental Management Authority (SEMA) would be set up at the Central and State levels to provide for environmental clearances for proposed projects in a time bound manner. This would provide for single-window clearance and thus help streamline the environmental regulation process in the country. These bodies would acquire the required expertise and incorporate appropriate technology in their functioning.
2. The committee also suggested an appellate mechanism against the decisions of NEMA or SEMA, prescribing a three-month deadline to dispose of such appeals. The existing Central Pollution Control Board and the State Pollution Control Boards are to be integrated into NEMA and SEMA. The committee recommended that the Air Act and the Water Act be subsumed within the Environment Protection Act.
3. It recommended a fast track procedure for linear projects (roads, railways and transmission lines), power and mining projects and for projects of national importance. This is meant to accelerate the environmental decision-making process in such critical projects.

• National Environment Research institute: The committee recommended the setting up of a National Environment Research institute to mainstream the application of high-end technology in environment governance. It recommended an Indian Environment Service to recruit qualified and skilled human resources in the environment sector. Article 312 of the Indian Constitution provides for the creation of All India Services. Article 312(1) states that if the Rajya Sabha declares by resolution supported by not less than two thirds of the members present and voting that it is necessary in the national interest so to do, Parliament may by law provide for the creation of one or more all India services to the Union and the States.
• Costs: The committee recommended the imposition of an environmental reconstruction cost on each project on the basis of the damage caused by it to the environment. This amount has to be recovered as a cess or duty from the project proponent during the life of the project. The amount collected could be used for environmental conservation efforts.
• Summary: The Parliamentary Standing Committee rejected the report on the grounds that it diluted key aspects of environmental legislation designed to protect the environment. Although the Union government never formally accepted the T.S.R Subramanian committee report, many of the committee recommendations have been implicitly making their way into the process of environmental regulation in India. The government has proposed certain amendments to the Forest Conservation laws. The government has set timelines to undertake environmental appraisal of infrastructure projects.
• EXAM QUESTIONS: (1) What would be the impact of creation of an Indian Environmental Services on implementation of environment laws? Write in detail. (2) According to you, what should be the structure of an All India Environment Services? Give reasons also. (3) Critically analyse the idea of the IES.

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