December 8, 2022
Jawhar Sircar spoke on The Energy Conservation (Amendment) Bill, 2022
Mr. Vice-Chairman, Sir, I thank you for giving me this opportunity to place across the views of my party. We are not against any measure to conserve energy. We are completely with everyone in the nation for the conservation of energy. But as far as this particular Bill is concerned, it was placed to us in a hurry and we had submitted that it be sent to a select committee. We were procedurally debarred but I would still submit that we need a re-examination. I will explain as I move along. You need to re-examine the law. The intention is certainly good. The driving forces are also good. But the law as it stands today is full of defects. It empowers the bureaucracy at a wrong level. Both
Mr. Minister and I have been in the Service and we know how bad certain levels of bureaucracy can be. But if you give over handlebars to them, they would obviously misuse. That is why we said, do not rush it. Take a little time. Send it to a Select Committee. Go through the implications of what you are saying. Let your good intentions be re-examined and we can proceed thereafter. But any case, we can go on with any one of the issues that you may feel. First of all, your emphasis is on non-fossil fuel. Of course, we agree. Everyone agrees on non-fossil fuel but where are the non-fossil fuels? Green hydrogen is one of the greatest gimmicks that I have been hearing for the last few years. Where is the green hydrogen in abundant supply? Where is green ammonia in abundant supply? About biomass, we all took
part in biomass campaign of gobar gas but anyway. About ethanol, I know that we have a need for going over to non-fossil fuels but the need has to be accompanied by adequate capacities. Otherwise, we would take the car in the wrong direction. On carbon credit, of course, it is a commendable move. But, on carbon credit, we are babies in the market. The world has gone over the carbon credit market and several studies have revealed the malpractices of it. Now, hon. Members have heard of this carbon credit market. Do you know what it is? In very simple terms, examination is held. Somebody gets 110. He can sell the 10 off to somebody who got 20. So, he can then add 10
to his 20 and he can pass the exam. सीधी बात! Do you understand? So, I would submit to the hon. Chairman that carbon credit is a well-intentioned move and is inevitable. It is desirable to a large extent but where is the examination or the studies of the misuse of carbon credit? I have explained to you in very broad intention that if the good student gets 110 and the bad student gets 20, he can take 10 from him, add to him and pass. There are safeguards that have to be put in. We cannot accept it in its present form because most of it has been left to the bureaucracy to work out in the form of rules. Nothing has really been spelt out here in terms of actual legal provision. They have all been left to rule-making powers. We have this provision of Energy Conservation Building Code. Again, t is a commendable idea, but then where is the social equity? When you talk of 100 Kilowatts, look at who is contributing to it. Where is the difference between an LIG, Low Income Group building, the cluster, and an HIG? We have to go in for differentiation. I would submit that if possible, if there is any possibility of getting cross subsidy, within the thing — by the idea of cross subsidy I mean within the housing code — please think of it. About the bureau, again, you are increasing their powers. I am not so much bothered about the senior officials of the bureau. I am more bothered about the instructions that go from there and the scope of misuse. You know, the building markets all over India are supposed to be, क्या कहते हैं, लोग कहते हैंदो नम्बरी। There is something attached to the building market. I can’t explain it anymore. You are now introducing one more player into the building market. So, these are the points on which we had sought for reconsideration and I would still submit that with your kindness, if you can send it for reconsideration, we can come to the same Bill in the next Session with the wisdom of the parties put in. I mean when we work in the Committees, we do not work as a party. We work as parliamentarians.
The State Electricity Regulatory Commissions are being assigned certain duties. I would still submit to get into a little more detail to see
whether the State Electricity Commissions need to be assisted to reach that capacity of exercising the powers under the Act.We are thankful that in one case, there is some amount of attention on the State. But, Sir, we have to look at the picture in a little broader light. We are talking of energy conservation here; we are talking of environment here; we are talking of saving the environment
and right now, the same Government has given order for slaughtering 130 sq. Kms. of the great Nicobar Islands. The wildlife and the biodiversity there, the flora and fauna are ir-replaceable. But, they are allowing concrete boulders and concrete constructions to take place. We cannot have so much of dichotomy. On the one hand, you come and introduce a Bill saying that we are dying because of the environment and on the other hand, you take active steps to destroy the ecologically fragile region of the Andaman & Nicobar Islands. I have a feeling, I may be wrong, I may be right that there is an excess of renewable energy in certain parts of India, and they need to be
transferred through compulsive methods so that they are sold. I am told that renewable energy is facing problems of both supply and further extension because the grids are in a terrible condition. The Ladakh Project of solar energy had to be abandoned because the grid position is very poor. Mr. Chairman, Sir, with your kind permission, I reiterate that renewable energy, as such, needs to be looked into afresh. The area of renewable energy and its production and distribution need to be looked in afresh and not be rushed through. Mr. Minister, you have taken commendable steps in that direction. But, I will still submit that it is not a question of individual effort, it is a question of the system functioning. You are aware more than me as to what are the difficulties of the renewable energy. I have been given
to understand that in certain areas where renewable energy production has reached such a stage that DISCOMS don’t pick it up. But, under your compulsion, DISCOMS will have to pick up. Pick up and take it where? You have the compulsive power. The additional compounded problem is that DISCOMS don’t pay the renewable energy producers because they don’t get their own payment. It is all a very complex thing and you are handling one of the most difficult subjects in India. I appreciate it. But, the fact is that we had been pleading and we still continue to say that let us go through the provisions, and there is no point in rushing a national task over a few
minutes of debate. We have spoken about the buildings, LIG and HIG. I don’t know whether I have time to get into the provisions but I will mention just a couple of provisions. I was getting through Section 4 which is basically about the leadership part, the Governing Council. We can’t quarrel with the Government about as to how many people you are going to fit in but at one place, instead of 25 or 26, you are taking it up to 31. Now, a committee of 31 hardly functions. A committee of 31 people means 31 people will come with 60 to 64 people and all they will do is to waste hours and keep minutes. That is all. They will waste hours and keep minutes. Let us get in for more practical methods, a steering committee to move things around. You have the powers of the Central Government. You have not
spelt out Section 13 in very great details. The sparse wordings makes me a little uncomfortable, a little uncomfortable over Section 13. It should not be another place where federalism is tilted and the Central Government is given over-riding powers over the State Government. We need to examine them. I am not telling you to throw the baby with the bathwater. We are saying that let us save both the situations and let us go in for a re-examination of the Bill. You have put in clauses like the haveldari clauses about banning of
sale of deceptive instruments about those who don’t conform to standards. (Time-bell rings.) Again, very commendable intentions. But once you leave it to the inspectorate, God help all of us. These are the reasons for which I submit, your honour, that we need to re-examine the Bill. It is full of good intentions. There are certain very good sections, but there are sections that scare us. That scare me as a citizen of India, that scare me as somebody, who has worked in the bureaucracy for 40 years because we have seen how the things function;
how the best of intentions are hijacked into oppressions, harassment and corruption. Please don’t bring a good intention to such a pass. Thank you, Sir,
