SC Bans Retrospective Environment Clearances

Context

The Supreme Court invalidated retrospective environmental clearances, emphasizing that development can’t compromise environmental protection.

Retrospective environmental clearances

• These are approvals granted to commercial or infrastructure projects after the graduation of operations or creation, bypassing the prison requirement of earlier environmental evaluation.
• The Environment Impact Assessment (EIA) Notification of 2006, below the Environment (Protection) Act, 1986, mandates prior EC earlier than starting off any assignment that could impact the environment.

Supreme Court Ruling

• The Court invalidated the 2017 notification and 2021 Office Memorandum that authorized such clearances, calling them unlawful and opposite to constitutional mandates.
• The ruling noted Article 21 of the Constitution, which ensures the right to live in a pollution-unfastened environment.
• Highlighting Article 48A and 51A(g) of the Constitution, the judgment reaffirmed both country and citizen obligations to protect the environment.

Constitutional Safeprotects

• Directive Principles of State Policy (DPSP): Article 48A of the Constitution directs the State to protect and enhance the environment and to protect the forests and wildlife of the country.
• Fundamental Duties: Article 51A(g) enjoins residents to “protect and enhance the natural environment along with forests, lakes, rivers, and wildlife, and to have compassion for living creatures.”

Significance of Supreme courtroom ruling

• Custodians of environmental rights: The SC’s decision is a traditional instance of judicial activism to uphold environmental justice.
• Role of Polluter Pays Principle: The ruling implicitly upholds the Polluter Pays Principle, as those who pollute without clearance can not be legally included.
  • It requires environmental reimbursement mechanisms and undertaking-specific reparations.
• International Commitments: India is a signatory to the Paris Agreement and the 2030 Agenda for Sustainable Development (SDGs).
  • Allowing ex put up facto clearances is going towards SDG 13 (Climate Action) and SDG 15 (Life on Land).

Source: The HT

UPSC Mains Practice Question

Q. Nvironmental Impact Assessment studies are increasingly undertaken before a project is cleared by the Government. Discuss the environmental impacts of coal-fired thermal plants located at coal pitheads. (2014)

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