Explaining MOEFCC’s U-Turn To Merge Autonomous Bodies

Relevance: GS3 - Conservation, environmental pollution and degradation, GS2 - Government policies and interventions for development in various sectors and issues arising out of their design and implementation, Statutory, regulatory and various quasi-judicial bodies.

(Source: The Hindu, 08/16/2023)

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Why in the news?

• In June 2023, the Union Ministry of Environment, Forests, and Climate Change reversed its decision to merge offices of the Forest Survey of India (FSI), the National Tiger Conservation Authority (NTCA), the Wildlife Crime Control Bureau (WCCB), and the Central Zoo Authority (CZA) into regional integrated offices under the ministry.
• In July 2023, the Indian government announced a plan to merge Project Tiger and Project Elephant.

What did the ministry’s plan propose?

• The Union Ministry announced the plan to reorganize the structure of some of the autonomous wildlife organizations during the Covid-19 lockdown by merging offices of the major environmental bodies under regional integrated offices.
• The major organizations included in the reorganization are
  • Forest Survey of India (FSI)
  • National Tiger Conservation Authority (NTCA)
  • Wildlife Crime Control Bureau (WCCB)
  • Central Zoo Authority (CZA)
• According to the ministry, the reorganization would lead to improved ease of doing business.

Criticism

• Environmental activists have claimed that the planned reorganization will render these environmental organizations toothless.
  • Eg: The NTCA can oppose a forest clearance for an infrastructure project for diverting Tiger Reserve areas in the present structure.
  • Following the merger, the NTCA would fall under the Deputy Director General of Forests, who is in charge of the Integrated Regional Office and reports to the Ministry.
  • This would make it difficult for the NTCA to oppose such projects which could adversely impact the Tiger reserve areas.
• According to data sourced through an RTI application, the NTCA had opposed the proposal as it could lead to administrative chaos, loss of independence, undue interference in decision-making, and loss of focus in the discharge of its duties.

What was the ministry’s rationale?

• In a reply to a petition filed in the High Court of Karnataka challenging the initial notification, the MOEFCC stated that the reorganization was not a merger and that it only intended to ensure the efficient functioning of these authorities under one roof.
  • The petition claimed that the reorganization was a merger of authorities and entities which is not permitted by the law.
  • The High Court disposed of the petition and allowed the petitioner to approach the court if the proposed changes adversely affected the functioning of any of the mentioned authorities.
• The Ministry’s decision to drop its plans to reorganize these bodies is mostly due to the administrative and technical difficulties associated with merging the bodies which include scientific, administrative, and statutory bodies.

What does the new notification propose?

• It also proposes to reorganize existing regional offices.
  • However, this has been criticized for not being based on any objective criteria.
  • Eg: Following the reorganization, the Bengaluru regional office would have had jurisdiction over Karnataka, Kerala, Goa, and the UT of Lakshadweep, which have very different geographic and ecological characteristics.
• The plan to merge Project Tiger and Project Elephant has also been criticized because of the possible effects on the efficiency of both projects.
  • The merger comes with the potential risk of compromising the autonomy of the NTCA.
  • Project Elephant does not have any legal backing at present, unlike Project Tiger under which tiger reserves are recognized under the Wildlife Protection Act 1972.
  • According to reports, the wildlife division of the MoEFCC was not consulted on the decision to merge the two projects.

To know more about Project Tiger and Project Elephant, click the links.

How is the ministry changing?

• There is a need for disintegrated and dedicated efforts to strengthen environmental monitoring functions.
• Recently, the role and functions of regional offices of the ministry have widened.
  • This includes the processing of environmental approvals and monitoring of compliance with legally mandated safeguards during the construction, operation, and closure of various projects.
  • However, the increased funding and infrastructural support which is required for it to implement its widened mandate have not been adequately provided.
• It is necessary to establish decentralized infrastructure.
  • This improves accessibility to regulators and enhances legal enforcement.
  • Eg: An internal mechanism to review whether offices can prioritize their actions without disproportionately favoring any regulatory outcomes or compromising social justice while upholding environmental protection.

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FAQs

MCQs

Question: Consider the following statements:

1. The Animal Welfare Board of India was established under the Environment (Protection) Act, 1986.
2. The National Tiger Conservation Authority is a statutory body.
3. The National Ganga River Basin Authority is chaired by the Prime Minister.

Which of the statements given above is/are correct? (UPSC CSE 2014)

(a) 1 only

(b) 2 and 3 only

(c) 2 only

(d) 1, 2 and 3

Question: Consider the following statements:

1. The NTCA is responsible for the implementation of Project Elephant.
2. It has been implemented in all the states of the country.
3. Asian Elephants are critically endangered species.

How many of the statements given above is/are correct?

(a) Only 1

(b) Only 2

(c) All 3

(d) None of the above