Monday’s Supreme Court decision gave two weeks to the Central Government of India and the Union Public Service Commission for responding to the PIL requesting the creation of an independent Indian Environment Service, an All India Service.
Justice SK Kaul and MM Sundresh have granted two weeks to Union of India, the Ministry of Environment and Forests and Climate Change, and to the UPSC for them to present their case before the Court. The matter will be next dealt with on the 29th of April 2022.
Last time, 21 January, the Court issued notice in the matter. However, it expressed doubts about whether a mandamus could be issued to create a service.
“Prima facie it seems doubtful whether any mandamus could issue for the creation a service, but it is suggested an inquiry may be made as regards to whether the government proposes to act pursuant to the high-level committees. The Court had recorded “Issue notice”.
The petitioner cites the turmoil in the country regarding environmental issues and suggests that the creation of the All India Service “The Indian Environment Service” is the urgent need.
The Union of India has been requested by the present PIL to establish an Indian Environmental Service Academy to train officers for environmental law enforcement.
According to the petition, a High-Level Committee was established by the Union Ministry of Environment, Forests and Climate Change under the chairmanship of Mr. TSRSubramanian to review the country’s environmental laws and bring them up to current standards.
The Committee observed that the necessary institutional framework must be created, building on existing systems to meet future requirements. The Committee recommended, inter alia, the creation of an All-India service called “Indian Environment Service”.
The petitioner claims that the Committee’s Report also proposes a National Environment Research Institute, “similar to the Indian Council of Forestry Research and Education”, to promote the use of high-end technology in environmental governance.
It was submitted that TSR Subramanian’s Report, which reviewed various Acts administered to the Ministry of Environment, Forests and Climate Change, had been rejected by the Parliament Standing Committee (PSC). The Committee observed that the three-month period allowed to the HLC for reviewing six environmental Acts was too short and recommended that a new committee be formed by the government to review the laws.
The petition stated that Environment is a complex, sensitive, and interconnected subject and requires efficient people with the necessary qualifications and experience to ensure stability in this sector. Courts, Committees, and other forums have repeatedly recommended that every job be performed by someone who is an expert in the field.
According to the petitioner Civil Services play a crucial role in effective regulation and policy-making. They also offer non-partisan advice to political leaders of the country even during times of political instability.
The petitioner also suggested the creation of an “Indian Environmental Service Academy” to train officers for environmental enforcement, similar to the Administrative and Police Academies.
Case Title: Samar Vijay S vs Union of India (WP(C) 1137/2021