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VOL. 10, ISSUE 3 (2025)
Environmental clearance processs in India: Loopholes and Judicial Interpretations
Authors
Dr. Suresh Kumar Trivedi
Abstract

The environmental clearance (EC) regime in India—centered on the Environmental Impact Assessment (EIA) framework—aims to balance developmental needs with ecological protection. Over three decades the EIA process has evolved from a largely procedural checklist into a politically salient and legally contested institution. Despite this progress, persistent loopholes undermine substantive environmental protection: retroactive or ex-post facto approvals; weak public consultation and information disclosure; institutional overlap and regulatory capture; narrow scoping that excludes cumulative and indirect impacts; and poor monitoring and enforcement after clearances are granted. These weaknesses create incentives for project proponents to commence activities prior to statutory compliance, shift burdens of proof to civil society, and allow environmental harms to become entrenched before remedial measures are required. Recent judicial interventions have both constrained and clarified the EC regime: courts have enforced stricter standards for public participation, curtailed unauthorized ex-post facto regularizations, and emphasized precautionary and polluter-pays principles, while also recognizing limits on judicial policymaking.

This paper analyses the structural and procedural loopholes in India’s clearance mechanism, maps the institutional actors and normative tensions, and examines landmark judicial pronouncements that shape contemporary practice. Using official reports, air/forest metrics, peer-reviewed critiques and recent case law, the study argues that legal reform without parallel institutional strengthening and transparent governance will be insufficient. The paper concludes with targeted recommendations: eliminate legalized amnesties, strengthen early-stage scoping and cumulative impact assessment, institutionalize independent post-clearance compliance monitoring, digitize and standardize public disclosures, and create clearer accountability pathways between central/state authorities and implementing agencies. Implemented together, these measures can make ECs a genuine environmental safeguard rather than a procedural formality.
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Pages:44-46
How to cite this article:
Dr. Suresh Kumar Trivedi "Environmental clearance processs in India: Loopholes and Judicial Interpretations". International Journal of Advanced Research and Development, Vol 10, Issue 3, 2025, Pages 44-46
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