Read the following news report and,
√ Identify the governments at different levels
√ Identify the role of Supreme Court
√ What elements of the working of judiciary and executive can you identify in it?
√ Identify the policy issues, matters related to legislation, implementation and interpretation of the law involved in this case.
Centre, Delhi join hands on CNG issue
By Our Staff Reporter, The Hindu 23 September 2001
NEW DELHI, SEPT. 22. The Centre and the Delhi Government today agreed to jointly approach the Supreme Court this coming week… for phasing out of all non-CNG commercial vehicles in the Capital. They also decided to seek a dual fuel policy for the city instead of putting the entire transportation system on the single-fuel mode “which was full of dangers and would result in disaster.’’
It was also decided to discourage the use of CNG by private vehicle owners in the Capital. Both governments would press for allowing the use of 0.05 per cent low sulphur diesel for running of buses in the Capital. In addition, it would be pleaded before the Court that all commercial vehicles, which fulfill the Euro-II standards, should be allowed to ply in the city. Though both the Centre and the State would file separate affidavits, these would contain common points. The Centre would also go out and support the Delhi Government’s stand on the issues concerning CNG.
These decisions were taken at a meeting between the Delhi Chief Minister, Ms. Sheila Dikshit, and the Union Petroleum and Natural Gas Minister, Mr. Ram Naik.
Ms. Dikshit said the Central Government would request the court that in view of the high powered Committee appointed under Dr. R.A. Mashelkar to suggest an “Auto Fuel Policy”’ for the entire country, it would be appropriate to extend the deadline as it was not possible to convert the entire 10,000-odd bus fleet into CNG during the prescribed time frame. The Mashelkar Committee is expected to submit its report within a period of six months.
The Chief Minister said time was required to implement the court directives. Referring to the coordinated approach on the issue, Ms. Dikshit said this would take into account the details about the number of vehicles to be run on CNG, eliminating long queues outside CNG filling stations, the CNG fuel requirements of Delhi and the ways and means to implement the directive of the court.
The Supreme Court had …refused to relax the only CNG norm for the city’s buses but said it had never insisted on CNG for taxis and auto rickshaws. Mr. Naik said the Centre would insist on allowing use of low sulphur diesel for buses in Delhi as putting the entire transportation system dependent on CNG could prove to be disastrous. The Capital relied on pipeline supply for CNG and any disruption would throw the public transport system out of gear.
√ The governments at different levels are the state government and the central government, represented by the chief minister and the Union petroleum minister respectively.
√ The Supreme Court has played an active role in upholding public interest by instructing authorities to take steps to curb pollution.
√ The action of the judiciary is an example of judicial activism and writ jurisdiction. The executive is concerned with the implementation of the directives of the judiciary.
√ The main policy issue in this case was the transition of public and commercial transport vehicles to a cleaner fuel of CNG. The government also sought to implement a dual fuel policy instead of a single fuel for the entire transportation system. The legislative aspect was the passage of law mandating the switching of all commercial vehicles to CNG and setting standards for the same. The debatable part was the interference of judiciary in directing this action. Failure to comply would have led to penalties. The Supreme Court interpreted the law to provide for a clean environment to the citizens of Delhi. Judicial activism pressurised the executive to implement them at the earliest. The issues related to implementation were norms for pollutants and the timeframe for converting the transport to CNG that was the domain of the executive.