Why in the News?
Recently, the Supreme Court struck down two orders from the Environment Ministry that had allowed industries to operate even after breaking environmental rules.
What did the Supreme Court strike down as illegal?
- Notifications allowing industries to bypass prior environmental clearance: The Court struck down two Union Environment Ministry notifications that permitted industrial units to set up or expand operations without prior government approval, violating the core principle of the Environment Impact Assessment (EIA) Notification, 2006. Eg: Industries were allowed to operate or change manufacturing practices without the mandatory prior environmental clearance.
- Regularisation of violations through executive orders without parliamentary approval: The notifications enabled projects violating environmental laws to seek regularisation by paying fines, issued through executive orders instead of amending the Environment Protection Act (EIA), 2006 via Parliament. Eg: The 2017 “one-time” window and 2021 standard operating procedure allowed violative industries to avoid penalties by applying for clearance retrospectively.
Why did the Centre allow industries to bypass prior clearance?
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Who is impacted by the Court’s verdict?
- Industries regularised under 2017 and 2021 orders remain unaffected: Companies that used the one-time window or the standard operating procedure to regularise violations before the verdict will not face penalties due to the Court’s ruling.
- Future industrial projects must strictly follow prior clearance: The verdict reaffirms that all new or expanding projects must obtain mandatory prior environmental clearance, impacting industries planning to start or modify operations.
- Regional environmental boards are under scrutiny: The ruling highlights the failure of local enforcement agencies to prevent illegal operations, signaling the need for better monitoring and compliance at the regional level. Eg: State pollution control boards will face greater pressure to enforce environmental laws rigorously.
Way forward:
- Strengthen enforcement: Empower and equip regional pollution control boards to rigorously monitor and ensure strict compliance with environmental clearance norms.
- Streamline clearance process: Simplify and expedite the prior environmental clearance procedure to balance industrial growth with environmental protection, reducing incentives for violations.
Mains PYQ:
[UPSC 2023] The most significant achievement of modern law in India in the constitutionalization of environmental problems by the Supreme Court. Discuss this statement with the help of relevant case laws.
Linkage: The “constitutionalization of environmental problems by the Supreme Court,” which refers to how the judiciary, through interpretation (often linking environmental protection to fundamental rights like the Right to Life under Article 21), has played a significant role in shaping environmental law and policy in India.
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