There has been much discussion about bringing the GDP growth on track and the need for expediting infrastructure projects in this regard. At the Planning Commission Meeting to approve the Twelfth Five Year Plan, last month, there were concerns about the  implementation of such  projects because of the delay in the grant of environment and forest clearances. In this context, there has been talk of setting up a singular body that will grant approvals for large infrastructure projects. News reports suggest that the government is considering forming a National Investment Approval Board (NIAB). The NIAB will be responsible for expediting the clearances for mega project proposals above a certain financial threshold. The Board would be headed by the Prime Minister and will have the authority to provide the ‘final decision’ on investment projects. According to news reports, the NIAB will be the final decision making body. The Ministry of Environment & Forests (MoEF) has raised concerns that this would create ambiguity in the current process of granting clearance for projects. While the formation of the NIAB is still being deliberated and discussed, it would be relevant to understand the process that the MoEF follows before granting clearance to a project and look at data on number of clearances granted and pending. The MoEF has developed certain processes to examine the potential environmental impact of new projects or expansion of existing projects. These are contained in the Environment Impact Assessment Notification, 2006. This notification empowers the Expert Appraisal Committees (EAC) to review the environmental impact of projects. The EAC carries out a combination of these steps depending on the classification of the project:

  • Screening: To determine whether the project requires further study for preparing the Environmental Impact Assessment (EIA).
  • Scoping: Setting clear guidelines that state the environmental concerns identified in the project.
  • Public Consultation: To ascertain the concerns of the local persons affected by the environmental impacts of the project.
  • Appraisal: The EAC studies the application, final EIA report, and outcome of the public consultations and makes its recommendations to the MoEF.

The MoEF considers the grant of environmental clearance to development projects in terms of the provisions of EIA Notification, 2006. From July 13, 2011 to July 12, 2012 the MoEF has given environmental clearances to 209 development projects. For a sector wise break up see Table 1. Table 1: Number of Environment Clearances Accorded

Sector No.  of  projects accorded EC
Industry (Steel & Cement)

88

Thermal Power

29

River Valley and Hydro-electric

6

Coal Mining

29

Non-Coal Mining

25

National Highways

32

Total

209

Source: “Environmental Clearance accorded from 13.07.2011 to 12.07.2012”, MoEF A total of 593 proposals are pending for environmental clearance as on August 13, 2012.[i] It remains to be seen how the process of granting clearances as established by the MoEF will be reconciled with the expedited process of the NIAB.


[i] MoEF, Lok Sabha, Unstarred Question no. 637, August 13, 2012,

Listed below are some key Bills pending in Parliament that are expected to address various aspects of corruption in India. These Bills need to be scrutinized carefully by both lawmakers and citizens alike, so as the strengthen them. Citizen groups can engage in a variety of ways to get their views heard, which have been described in the primer on Engaging with Policy Makers. Some of these anti-corruption Bills are listed in the current Winter Session for consideration and passing. These are marked in red below. (The full list of all Bills being considered in the Winter Session can be accessed here.) Each Bill below has been hyperlinked to a page which has the text of the Bill, the report of the Standing Committee, PRS analysis, and other relevant documents, all in one place. Spreading this message to a number of interested people will be a very useful contribution by all those interested in building greater engagement of people with what happens in Parliament.  

Bill

Date of introduction

Status

Brief description

The Lokpal and Lokayuktas Bill, 2011 (Listed for passing) December 22, 2011 Passed by Lok Sabha on 27 Dec 2011. Report of Rajya Sabha Select Committee submitted on November 23, 2012. It seeks to establish the office of the Lok Pal at the centre and Lokayuktas in states for inquiring into complaints against certain public servants.The Bill once passed shall be applicable to states if they give their consent to its application.
The Whistle Blowers Protection Bill, 2011 (Listed for passing) August 26, 2010 Passed by Lok Sabha on December 27, 2011. Pending in Rajya Sabha It seeks to protect whistleblowers (person making a disclosure related to acts of corruption, misuse of power or criminal offence).Under the Bill any person including a public servant may make such a disclosure to the Central or State Vigilance Commission.The identity of the complainant shall not be disclosed.
The Benami Transactions (Prohibition) Bill, 2011 August 18, 2011 Standing Committee submitted its Report on June 26, 2012 The Bill prohibits all persons from entering into benami transactions (property transactions in the name of another person).Any benami property shall be confiscated by the central government.It seeks to replace the existing Benami Transactions (Prohibition) Act, 1988.
The Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations Bill, 2011 (Listed for passing) March 25, 2011 Standing Committee  submitted its Report on March 29, 2012 Indiais a signatory to the UN Convention against corruption. The Bill is necessary for India to ratify the Convention.The Bill makes it an offence to accept or offer a bribe to foreign public officials and officials of public international organizations in order to obtain or retain international business
The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 December 20, 2011 Standing Committee submitted its Report on August 28, 2012 It requires every public authority to publish a citizen charter within six months of commencement of the Act.The charter should detail the goods and services to be provided and the timeline for their delivery.
The Electronic Delivery of Services Bill, 2011 December 27, 2011 Standing Committee submitted its Report on August 30, 2012 The Bill requires all public authorities to deliver all public services electronically within a maximum period of eight years.There are two exceptions to this requirement: (a) service which cannot be delivered electronically; and (b) services that the public authorities in consultation with the respective Central and State EDS Commissions decide not to deliver electronically.
The Prevention of Money-Laundering (Amendment) Bill, 2011 (Listed for passing) December 27, 2011 Standing Committee submitted its Report on May 9, 2012 The Bill Amends the Prevention of Money Laundering Act, 2002.This Bill widens the definition of offences under money laundering to include activities like concealment, acquisition, possession and use of proceeds of crime.It provides for the provisional attachment and confiscation of property (for a maximum period of 180 days).
The National Identification Authority of India Bill, 2010 December 3, 2010 Standing Committee  submitted its Report on December 13,  2011 The Bill seeks to establish the National Identification Authority of India to issue unique identification numbers (called ‘Aadhaar’) to residents ofIndia.Every person residing inIndia(regardless of citizenship) is entitled to obtain an Aadhaar number after furnishing the required information.The number shall serve as an identity proof.  But not as a citizenship proof.
The Judicial Standards and Accountability Bill, 2010 December 1, 2010 Passed by Lok Sabha on March 29, 2012; Pending in Rajya Sabha It replaces the Judges (Inquiry) Act, 1968.  It provides for enforceable standards for the conduct of High Court and Supreme Court judges.The Bill requires judges and their spouses and children to declare their assets and liabilities.  It also establishes a process for the removal of judges of Supreme Court and High Court
The Public Procurement Bill, 2012 May 14, 2012 Standing Committee Report pending The Bill seeks to regulate and ensure transparency in the procurement process.  It applies to procurement processes above Rs 50 lakh.The procuring entity shall adhere to certain standards such as (a) ensuring efficiency and economy; and (b) provide fair and equitable treatment to bidders.

Sources: Respective Bills, PRS Legislative Research