Environmental Clearances and Judicial Observations

Environment clearances are crucial for ensuring that developmental projects do not harm ecosystems, wildlife, natural resources, or public health. A significant component of this is the Environmental Impact Assessment (EIA) Rules of 2006.

Background and Developments

• The 2017 notification by the Ministry of Environment, Forest and Climate Change allowed developers to obtain environmental clearances after starting project work, effectively introducing a regime of post-facto clearances.
• This was further consolidated in 2021 through an Office Memorandum (OM) to manage violation cases.
• The Supreme Court has criticized these measures, striking down the 2017 notification and the 2021 OM for undermining environmental safeguards.

Supreme Court's Stance

• In Common Cause vs Union of India (2017), the Court found serious lapses in allowing projects without clearances, underlining the need to prevent such violations.
• In Alembic Pharmaceuticals vs Rohit Prajapati, the Court stated that post-facto clearances contradict fundamental environmental principles.
• The latest verdict reinforces the link between regulatory diligence and the Right to Life under Article 21, emphasizing a healthy environment as a fundamental right.

Issues with Current Policies

• The regulatory laxity allowed over 50 defaulting projects to proceed without adequate scrutiny, impacting health and ecology.
• There is a tendency to view sustainability and development as mutually exclusive, hindering comprehensive environmental protection.

Conclusion and Court's View

The Supreme Court asserts that environmental conservation is integral to development, urging policymakers to integrate this perspective into regulatory processes to ensure sustainable development.