The discussion that erupted in January at the Supreme Court about the creation and operation of the Indian Environment Service stems from a report prepared by a high-ranking committee headed by T.S.R., former Cabinet Secretary. Subramanian. This committee was formed in August 2014 to recommend amendments to six laws that concern the environment.
The report recommended that another leg of All India Service be established in the area of environment management to approve environmental projects at both the Union and state levels. The National Green Tribunal was assigned the role of judicial reviewing them.
Although there were many concerns about the report, the intent of the report was to create an instrument to remove the crutches that corrupt administrators use to circumvent the environment laws.
On July 15, 2015 Rajya Sabha, a Parliament standing committee rejected the recommendation of this report. It stated that the current legal framework and architecture that were created to protect our environment would be compromised by its implementation.
Even though it was rejected it highlighted the serious situation of environmental governance and the need to improve implementation of laws that appear to be only on paper.
The Union government did indeed not form another committee to review the laws, as suggested in the standing committee.
It did implement some of the suggestions of the committee, but not all of the changes to the administration and management related to the implementation of environmental laws.
Since then, it has been simplifying laws that were subject to a lot of scrutiny by environmental groups. This shows that the government was not completely opposed to the recommendations.
Prime Minister Narendra Modi’s criticism of Indian bureaucracy in his speech to Lok Sabha 2021 supports the idea of a specialised service dedicated to environment. The IAS can handle all tasks, even those pertaining to niche branches of administrations. T.B., a colonial government Council of Indias law member, founded the service. Macaulay’s concept of one official doing all the work. This is not the way that modern society can survive.
The IAS is full of people who lack the necessary specialized skills and qualifications to succeed in their jobs. The exam for recruiting is extremely difficult. It requires candidates to choose between two subjects and one common knowledge section. Sometimes the most skilled officers end up doing jobs that are not their training.
This does not mean we don’t have good administrators. However, it does not mean it is not the norm in the industry. The PM lamented this when he asked the question, “Can babus do all?”
India’s first Administrative Reforms Commission recommended a functional field of specialization in 1970. But, like the Subramaniam Committee suggestions, it was never fully implemented.
For the implementation of environmental policy, there is a need for a bureaucracy that is active. Administrators must be aware of their responsibilities. This can be made more effective by creating a service dedicated specifically to the environment. The bureaucracy would be able to effectively address the challenge of climate change.
After Samar Vijay Singh filed a PIL at the Supreme Court, the discussion on the possibility for a new environment service has resumed. He wants the Subramanian committee’s recommendations to be made into law.
His argument is related to the issue of effective coordination between ministries and the lack of qualified personnel in administration regarding policies of the environment.
Further, his petition stated that India does not have a comprehensive policy framework.
It also requested the establishment of an academy to provide training for officers in administration.
However, the new Indian Environment Service could overlap the existing Indian Forest Service. This could threaten the federal structure for civil services. The Supreme Court stated that such an important policy decision is not in the hands of the judiciary and should instead be handled by the government.
It did send an inquiry into the question of whether the government would like to follow the recommendations made by the committee.
It remains to be seen what the Union government will do to this.
(IPA Service)
Views are yours
Courtesy of The Leaflet
