Context & The Gist
The Supreme Court's recent recall of its May 2024 verdict striking down post-facto environmental clearances, triggered by concerns over potential demolition of public projects worth ₹20,000 crore, raises critical questions about the balance between environmental protection and developmental needs.
The article highlights the tension between upholding established environmental jurisprudence and accommodating pragmatic considerations for public projects, emphasizing the need for a nuanced approach.
Key Arguments & Nuances
- The Core Issue: Post-Facto Clearances: The central debate revolves around the legality of granting environmental clearances *after* a project has already commenced, violating established Environmental Impact Assessment (EIA) rules.
- SC's Evolving Stance: The article points to a shift in the Supreme Court’s position, from striking down post-facto clearances as “illegal” to recalling that verdict due to potential economic consequences.
- Dissenting Opinion & Precautionary Principle: Justice Bhuyan’s dissent underscores the importance of the precautionary principle – preventing environmental harm before it occurs – and the lack of legal basis for ex-post facto clearances.
- Balancing Development & Environment: The editorial acknowledges the need for exceptions to environmental norms in specific cases (national security, healthcare access, connectivity) but cautions against prioritizing development at the expense of ecological security.
UPSC Syllabus Relevance
- GS Paper II: Governance – Environment & Ecology: Issues related to environmental protection, conservation, environmental pollution and disaster management.
- GS Paper II: Polity – Judiciary: Role of the judiciary in environmental governance and interpreting constitutional provisions related to the right to life (Article 21).
- GS Paper III: Economy – Infrastructure & Development: Balancing infrastructure development with environmental sustainability.
Prelims Data Bank
- Article 21: Right to Life and Personal Liberty – includes the right to a clean environment.
- Environmental Impact Assessment (EIA) Notification, 2006: Framework for assessing the environmental impacts of developmental projects.
- Precautionary Principle: A principle of environmental law stating that lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.
- Common Cause v Union of India (2017): SC emphasized that environmental clearance isn't a mechanical exercise and ex-post facto clearances can cause irreparable damage.
- Alembic Pharmaceuticals v Rohit Prajapati (2020): SC highlighted the importance of rigorous adherence to EIA procedures, including public hearings.
Mains Critical Analysis
The recall of the SC verdict presents a complex dilemma. While the potential economic disruption caused by demolishing projects is significant, legitimizing post-facto clearances undermines the foundational principles of environmental law.
A PESTLE analysis reveals:
- Political: Government’s push for faster project approvals and potential influence on judicial review.
- Economic: Cost-benefit analysis of environmental protection versus economic growth; impact on infrastructure development.
- Social: Public health concerns, environmental justice, and the right to a clean environment.
- Technological: Availability of technologies for environmental mitigation and monitoring.
- Legal: Interpretation of environmental laws and the scope of judicial review.
- Environmental: Irreversible damage to ecosystems, biodiversity loss, and climate change impacts.
The core issue is the potential erosion of the precautionary principle and the weakening of environmental safeguards. The critical gap lies in the lack of a robust mechanism to ensure that projects approved with post-facto clearances adequately address environmental concerns and mitigate potential harm.
The SC needs to strike a balance between protecting the environment and ensuring that essential development projects are not unduly hampered.
Value Addition
- National Green Tribunal (NGT): Established in 2010 to provide speedy environmental justice and handle environmental disputes.
- M.C. Mehta v. Union of India (1987): Landmark case establishing the ‘polluter pays’ principle in India.
- Rio Declaration (1992): Emphasized the precautionary principle and the need for sustainable development.
- Quote: “We do not inherit the earth from our ancestors; we borrow it from our children.” – Native American Proverb
The Way Forward
- Immediate Measure: Establish a transparent and rigorous review process for projects seeking post-facto clearances, with independent environmental assessments and public consultations.
- Long-term Reform: Strengthen the EIA process, enhance enforcement mechanisms, and promote sustainable development practices that prioritize environmental protection alongside economic growth.