Green Conservation Key to Development: SC Ends Retrospective Approval

(Source: Page 1, The Indian Express)

Topic: GS3 – Environment, GS2 – Governance and Judiciary

Context

The Supreme Court has declared the 2017 notification allowing retrospective environmental approvals illegal, alongside a 2021 memorandum, emphasizing green conservation. This ruling impacts 55 projects approved during 2017-2021, with implications for India’s environmental governance.

Background:

• India’s environmental clearance (EC) process, governed by the Environment Impact Assessment (EIA) Notification, 2006, ensures projects meet ecological standards. The 2017 notification allowed post-facto approvals for projects operating without prior EC, criticized for undermining environmental laws. The SC’s ruling reinforces accountability in development projects.

Key Developments:

• SC Ruling: Declares 2017 notification and 2021 memorandum illegal, ending retrospective approvals.
• Impact on Projects: 55 projects benefited from the 2017-2021 amnesty, but existing approvals remain unaffected, balancing development and compliance.
• Conservation Focus: The ruling underscores the need for sustainable development amid rapid industrialization

EIA Framework:

• Mandates prior EC for projects in mining, industry, and infrastructure.
• Criticisms: Dilution via exemptions and weak monitoring.

Judicial Role:

• SC’s history of environmental activism (e.g., Godavarman case).
• Balances development with constitutional mandates (Article 48A, 51A(g)).

UPSC Relevance:

• GS3: Environmental conservation and sustainable development.
• GS2: Role of judiciary in governance and policy enforcement.

Analysis:

• Judicial Oversight: The SC’s intervention strengthens environmental governance, addressing lax enforcement and corporate violations.
• Development vs. Environment: The ruling challenges India’s growth model, where projects often prioritize economic gains over ecological costs.
• Policy Implications: Future EIA processes must be stricter, potentially delaying projects but ensuring long-term sustainability.
• Global Context: Aligns with India’s Paris Agreement commitments and net-zero 2070 target, enhancing its environmental credibility.

Conclusion/Way Forward

• The government should strengthen the EIA process with transparent public consultations and robust monitoring. Capacity building for environmental agencies and incentives for green technologies can align development with conservation. Public awareness and judicial oversight will be key to sustainable progress.

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Practice Question: “The Supreme Court’s ruling against retrospective environmental approvals underscores the tension between development and conservation.” Analyze the implications of this decision and suggest measures to balance economic growth with environmental sustainability. (250 words, 15 marks)