CPCB vs CAQM: The National Pollution Control Board and the NCR Airshed Commission

Air pollution in the National Capital Region is regulated by two central bodies with very different designs. The Central Pollution Control Board is a national, technical body created in 1974 that sets standards and coordinates State Boards across India. The Commission for Air Quality Management in National Capital Region and Adjoining Areas (CAQM), created by statute in 2021, is a regional, airshed-based body with overriding powers over air quality in the NCR and adjoining areas of Punjab, Haryana, Rajasthan and Uttar Pradesh. The comparison shows how Indian law has moved from media-based to airshed-based regulation.

1. The Central Pollution Control Board

The CPCB, constituted under Section 3 of the Water Act, 1974 and functioning under Section 3 of the Air Act, 1981, is the apex technical body for pollution control. For air, its functions under Section 16 of the Air Act include advising the Central Government, planning a nation-wide programme, coordinating the State Boards and resolving disputes, laying down standards for the quality of air (the National Ambient Air Quality Standards, 2009), research, training and data. It runs the National Air Quality Monitoring Programme, publishes the AQI, oversees the National Clean Air Programme, and exercises delegated powers under Section 5 of the EPA. Its jurisdiction is national and multi-media (air, water, waste).

2. The Commission for Air Quality Management

The CAQM was constituted under the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021 (following ordinances of October 2020 and April 2021), replacing the Supreme Court-created EPCA. It consists of a full-time Chairperson, a full-time member of Joint Secretary rank, five ex officio members (the Chief Secretaries or environment Secretaries of Delhi, Punjab, Haryana, Rajasthan and Uttar Pradesh), three independent technical members, one technical member from the CPCB, one from ISRO, three NGO members, associate members from Central ministries, and a Member-Secretary. Under Section 12, it may take all measures, issue binding directions (including closure and stoppage of utilities), lay down stricter standards for the region, restrict industries, inspect, and entertain complaints. In case of conflict, its directions prevail over those of State Governments, the CPCB and State Boards. Section 14 provides for penalties (up to five years or Rs 1 crore), with farmers exempted, and Section 15 for environmental compensation for stubble burning (doubled in November 2024). Appeals against its orders lie to the NGT.

3. Key Differences

4. Relationship and Issues

The two bodies are complementary: the CPCB provides data, standards and technical expertise (through its member on the Commission), while the CAQM uses them to direct action across States. But the overlap raises questions of coordination and accountability. The Supreme Court in the M.C. Mehta air pollution case criticised the CAQM in October 2024 for not using its penal powers against stubble burning, prompting the increase in compensation, and continues to supervise both. Critics argue that the CAQM model should be extended to other airsheds such as the Indo-Gangetic plain, and that a national airshed framework is needed.

5. Related Topics and Provisions