Supreme Court's Role in Environmental Regulation

The Supreme Court of India has increasingly taken on a managerial role in environmental regulation, stepping beyond its traditional function of reviewing the legality of administrative decisions to issuing proactive directives. This trend is a response to regulatory failures but has led to significant consequences for various stakeholders.

Shift from Legality to Managerial Role

• The Court has increasingly stepped into the shoes of regulators rather than correcting their processes and retreating, illustrated by its continued involvement through ongoing mandamus orders.
• This shift has resulted in the Court issuing broad, sometimes impractical directives, such as a 1 km eco-sensitive zone (ESZ) around protected areas, later modified due to state implementation challenges.

Case Examples

• Vehicle Regulations: Initially banned large diesel vehicles in Delhi NCR but later modified its position by implementing compensatory charges.
• Firecracker Regulations: Imposed near-total bans, later relaxed during festivals and for "green crackers" due to enforcement and public order considerations.

Expertise and Judicial Intervention

• The Court has both utilized and contested expert inputs, leading to policy U-turns.
• For instance, a unified definition for "Aravalli hills" was adopted but later suspended following concerns about legal implications.

Implications for Public Challenge

• The Court's early involvement in project approvals often discourages later judicial challenges and can bypass statutory authorities.
• This early entry reshapes the evidentiary basis of disputes and affects who can contest environmental decisions.

Recommendations for the Court

• Adopt a steadier approach by disciplining state regulation through clear thresholds for managerial intervention.
• Avoid broad rules that require frequent exceptions.
• Encourage time-bound regulatory actions with public data to enhance transparency and predictability.