SC Bans Retrospective Environment Permits

Syllabus: GS3/ Environment

Context

• The Supreme Court invalidated retrospective environmental clearances, emphasizing that development cannot compromise environmental protection.

Retrospective environmental clearances

• These are approvals granted to industrial or infrastructure projects after the commencement of operations or construction, bypassing the legal requirement of prior environmental assessment.
• The Environment Impact Assessment (EIA) Notification of 2006, under the Environment (Protection) Act, 1986, mandates prior EC before commencing any project that may affect the environment.

Supreme Court Ruling

• The Court invalidated the 2017 notification and 2021 Office Memorandum that permitted such clearances, calling them illegal and contrary to constitutional mandates.
• The ruling cited Article 21 of the Constitution, which guarantees the right to live in a pollution-free environment.
• Highlighting Article 48A and 51A(g) of the Constitution, the judgment reaffirmed both state and citizen obligations to protect the environment.

Significance of Supreme court ruling

• Custodians of environmental rights: The SC’s decision is a classic example 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 cannot be legally protected.
  • It calls for environmental compensation mechanisms and project-specific reparations.
• International Commitments: India is a signatory to the Paris Agreement and the 2030 Agenda for Sustainable Development (SDGs).
  • Allowing ex post facto clearances goes against SDG 13 (Climate Action) and SDG 15 (Life on Land).

Source: IE