Page 7 - Environmental Governance Architecture for India - Suggestions
P. 7
Discussion Paper
duty of every citizen to protect and improve the natural the afforestation programmes of the states, thereby
environment including forest, lakes, rivers and wild-life undermining the very concept of federalism which is
and to have compassion for living creatures.” enshrined in our constitution. The role of local bodies
such as Gram Panchayats/Gram Sabhas etc. has been
As an outcome of some proceedings during the completely ignored in the Bill.”
case, MoEF had issued a notification on April 23,
2004, constituting a ‘Compensatory Afforestation Keeping in view the observations of the Committee,
Funds Management and Planning Authority (CAMPA)’ the MoEF introduced The Compensatory
as an authority under Section 3(3) of the Environment Afforestation Fund Bill 2015 (“CAF Bill 2015“
(Protection) Act, 1986, The Court in its Judgement of in short) in Parliament in May 2015 in place of the
September 26, 2005, affirmed that the payment to 2008 Bill which had lapsed . The 2015 Bill addressed
CAMPA under the notification dated April 23, 2004, many of the shortcomings of the 2008 Bill, particularly
is constitutional and valid, and that the various clauses the perception of excessive centralization, clearly
of CAMPA should be suitably modified in terms of the inappropriate in the context of ‘forest’ being a
judgment within a period of one month. Concurrent subject. The main features of the Bill are
as given in Box 4, but essentially the Bill now seeks
To better regulate the matter, the Ministry of to create Funds and institutional structures at both
Environment and Forest drafted a legislation ‘The Central and State level.
Compensatory Afforestation Fund Bill, 2008’ to
achieve the same general objective. As mentioned in The Wild Life (Protection) Act, 1972:
the Preamble to the Bill: ”NOW, THEREFORE, based The legislation is based on a Resolution of the
on the above orders, directions and observations of the Legislature of 11 States, invoking article 252 of the
Supreme Court, it is proposed to create a Compensatory Constitution that provides for Parliament to pass a
Afforestation Fund Management and Planning Authority common law for two or more States making such a
by an Act of Parliament under Entry 17A of the Concurrent request by a resolution of the State Legislature. The
List of the Seventh Schedule to the Constitution, to Act initially applied to only those State Governments
implement the directions of the Supreme Court to whose Legislatures passed the requisite resolution
create a Fund namely, Compensatory Afforestation Fund, under article 252 of the Constitution, but was
to bring all the funds so far collected under this Fund, later extended to all States through the Wild Life
and to create the Compensatory Afforestation Fund (Protection) Amendment Act 1991, passed after the
Management and Planning Authority.” subject was brought into the Concurrent List. The
original architecture of the 1972 Act was as given in
The Bill was examined by the Department–related Box 5, and essentially provides for State as well as
Parliamentary Standing Committee for Science & Central roles and empowered authorities, with the
Technology and Environment & Forests,, which in its State Government being given operational powers
Report dated October 22, 2008, concluded as follows: and enough jurisdiction to frame Rules on operational
matters.
“19 The Committee is of the opinion that the
establishment of such a fund, in the manner proposed The Amendment Act of 1991, passed after the
in the bill, will allow the Central Government to exercise subject became a concurrent subject, made a number
hegemony through concentration of financial power with of changes, (including extending the operation of the
the Central Government and encroach upon the normal Act to the whole of India except the State of J&K;
powers and functions of the State governments. The and removing the preamble); none which affected the
Committee also expresses its serious concern over the basic architecture laid out in the original Act, except
fact that the Central Government may completely bypass in the case of reserved forest and territorial waters
the duly elected State Governments and the various
state bodies and provide funds directly to the Joint Forest
Management Committees, for the implementation of
FEBRUARY 2016 7
duty of every citizen to protect and improve the natural the afforestation programmes of the states, thereby
environment including forest, lakes, rivers and wild-life undermining the very concept of federalism which is
and to have compassion for living creatures.” enshrined in our constitution. The role of local bodies
such as Gram Panchayats/Gram Sabhas etc. has been
As an outcome of some proceedings during the completely ignored in the Bill.”
case, MoEF had issued a notification on April 23,
2004, constituting a ‘Compensatory Afforestation Keeping in view the observations of the Committee,
Funds Management and Planning Authority (CAMPA)’ the MoEF introduced The Compensatory
as an authority under Section 3(3) of the Environment Afforestation Fund Bill 2015 (“CAF Bill 2015“
(Protection) Act, 1986, The Court in its Judgement of in short) in Parliament in May 2015 in place of the
September 26, 2005, affirmed that the payment to 2008 Bill which had lapsed . The 2015 Bill addressed
CAMPA under the notification dated April 23, 2004, many of the shortcomings of the 2008 Bill, particularly
is constitutional and valid, and that the various clauses the perception of excessive centralization, clearly
of CAMPA should be suitably modified in terms of the inappropriate in the context of ‘forest’ being a
judgment within a period of one month. Concurrent subject. The main features of the Bill are
as given in Box 4, but essentially the Bill now seeks
To better regulate the matter, the Ministry of to create Funds and institutional structures at both
Environment and Forest drafted a legislation ‘The Central and State level.
Compensatory Afforestation Fund Bill, 2008’ to
achieve the same general objective. As mentioned in The Wild Life (Protection) Act, 1972:
the Preamble to the Bill: ”NOW, THEREFORE, based The legislation is based on a Resolution of the
on the above orders, directions and observations of the Legislature of 11 States, invoking article 252 of the
Supreme Court, it is proposed to create a Compensatory Constitution that provides for Parliament to pass a
Afforestation Fund Management and Planning Authority common law for two or more States making such a
by an Act of Parliament under Entry 17A of the Concurrent request by a resolution of the State Legislature. The
List of the Seventh Schedule to the Constitution, to Act initially applied to only those State Governments
implement the directions of the Supreme Court to whose Legislatures passed the requisite resolution
create a Fund namely, Compensatory Afforestation Fund, under article 252 of the Constitution, but was
to bring all the funds so far collected under this Fund, later extended to all States through the Wild Life
and to create the Compensatory Afforestation Fund (Protection) Amendment Act 1991, passed after the
Management and Planning Authority.” subject was brought into the Concurrent List. The
original architecture of the 1972 Act was as given in
The Bill was examined by the Department–related Box 5, and essentially provides for State as well as
Parliamentary Standing Committee for Science & Central roles and empowered authorities, with the
Technology and Environment & Forests,, which in its State Government being given operational powers
Report dated October 22, 2008, concluded as follows: and enough jurisdiction to frame Rules on operational
matters.
“19 The Committee is of the opinion that the
establishment of such a fund, in the manner proposed The Amendment Act of 1991, passed after the
in the bill, will allow the Central Government to exercise subject became a concurrent subject, made a number
hegemony through concentration of financial power with of changes, (including extending the operation of the
the Central Government and encroach upon the normal Act to the whole of India except the State of J&K;
powers and functions of the State governments. The and removing the preamble); none which affected the
Committee also expresses its serious concern over the basic architecture laid out in the original Act, except
fact that the Central Government may completely bypass in the case of reserved forest and territorial waters
the duly elected State Governments and the various
state bodies and provide funds directly to the Joint Forest
Management Committees, for the implementation of
FEBRUARY 2016 7
