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.
Please enter the email address corresponding to this article submission to download your certificate.
