Monday, 24 January 2022

INDIAN ENVIORNMENT SERVICE; NEED OF THE HOUR?

 INDIAN ENVIORNMENT SERVICE; NEED OF THE HOUR?


INTRODUCTION


Environmental issues as well as climate change are some of the rising issues faced by our country. High amount of population, overuse of machinery and e-waste contributes to these problems. Social activists always address and give emphasis to implementing better policies for a good environment. 

There are so many policies adopted by the nation to achieve a better environment but, the problem lies with the implementation of these policies effectively. Public interest litigations are being filed repeatedly which makes the judiciary in demand to address the issue. 

On 21st January 2022 the Supreme court of India on the case Samar Vijay Singh Vs Union of India and Ors. Writ petition (civil) No. 1137\2021 issued a notice proposing the creation of a fourth All India Service, the “Indian Environmental Service” to deal with the implementation of policies regarding the protection of environment.


TSR SUBRAMANIAN COMMITTIE


TSR Subramanian committee was constituted by the union ministry of environment, forest and climate change to review the environmental laws of the country. The committee recommended the creation of All India Environment service for effective implementation of environmental laws.

It was observed that its doubtful that if any mandamus could be issued for the creation of a fourth service but suggested an enquiry to be conducted as to whether the central government wishes to adopt this proposal. 


ENVIRONMENTAL LAW & JUDICIARY


Senior Advocate, Mr. M K Sultan Sing appearing on behalf of the petitioner of Samar Vijay Singh Vs Union of India and Ors. Pleaded for court intervention in constitution of a high-power body for protection and monitoring of environmental projects at the field level. The bench was doubtful about the need of judiciary to intervene environmental matters.

To erase this doubt, he pointed out that the government has not done anything remarkable measures for environmental crisis, but it was the judiciary who updated the laws timely through the power vested on it under Article 32 of the constitution.

It’s true that the Supreme Court while dealing with various famous PILs issued landmark judgements which are the foundation of environmental laws. The environmental protection needs the utmost care and protection now more than ever. This era asks for a high body to establish, implement, and regulate environmental laws.


PROBLEMS IN IMPLEMENTATION

The major problems faced while implementing environmental laws are lack of officers who are well versed in the matters concerning the environment and related areas. All the new policies established by the central and state governments are being implemented in an amateur manner. The environmental regulation field needs a controlling authority with efficient officers who can coordinate the creation, implementation, and regulation of environmental laws in the country.


CONCLUSION


All the above said problems calls for the creation of a fourth All India Services to act as a high authority and to control every matter regarding the environment. It is suggested that an expert committee may examine the entry qualifications and other needs for recruitment. The committee will also have to decide about how the candidates are going to be selected. 





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