India’s Environment Impact Assessment regime has been amended through draft notifications and project-specific exemptions since 2020. Examine the institutional design under EIA 2006 and the dilution concerns flagged by the Supreme Court.

Introduction:

The Environment Impact Assessment Notification 2006 was issued under Section 3 of the Environment Protection Act 1986; the Supreme Court in Vanashakti vs Union of India (May 2025) struck down post-facto environmental clearances; the draft EIA 2020 remains unfinalised, leaving the regulatory regime in flux and inviting recurring litigation.

Institutional design under EIA 2006:

The process moves through screening, scoping, public consultation, and appraisal. Category A projects are appraised by the Expert Appraisal Committee at Centre; Category B by SEIAA/SEAC at state level. Public consultation under Para 7 mandates hearings and written objections. NGT Act 2010 Section 16 enables judicial review of clearances.

Dilution concerns:

The 2020 draft expanded exemptions for B2 projects and shortened public-consultation periods. Office memoranda of 2017 and 2021 enabled post-facto clearances — both struck down by SC in Vanashakti, which cited Common Cause and Lalit Miglani precedents. Border-area and strategic exemptions weaken accountability; the Hubballi-Ankola railway and Great Nicobar mega-project clearances illustrate the trend.

Capacity gaps:

SEIAAs are under-resourced, EAC sittings are opaque, and the PRAVAH portal still lacks real-time compliance dashboards. Project violations rarely trigger withdrawal of clearance, encouraging fait accompli construction; Sterlite Tuticorin (2018) exposed how delayed enforcement creates social conflict.

Way forward / Conclusion:

Finalise the EIA notification with broader public-consultation timelines, statutorily mandate EAC composition, deploy a geo-tagged compliance dashboard, and codify the SC's ban on post-facto clearances under MoEFCC by 2027.