Author: Aarjav Sharma
New Law College
The concept of Environmental Impact Assessment (EIA) under environmental laws has become a critical component of sustainable development in India. It serves as a preventive tool.
Environmental Impact Assessment (EIA) represents one of the most significant environmental governance mechanisms in India’s legal architecture. It serves both as a preventive and corrective legal instrument under the broader ambit of the Environment (Protection) Act, 1986 (EPA).
The principal aim of EIA is to foresee, evaluate, and mitigate potential environmental impacts of proposed developmental projects - before they are executed. This legal process ensures that economic progress does not come at the cost of environmental degradation or social injustice.
CONCEPT AND GROUNDS OF EIA
The concept of Environmental Impact Assessment rests on the principle of sustainable development, emphasizing that any developmental activity must harmonize ecological protection with economic progress. It draws legitimacy from international law instruments such as the 1972 Stockholm Declaration, the 1992 Rio Declaration, and the 2015 Paris Agreement, these declarations mainly focused on protecting and conserving the environment along with the fact that right to live in a healthy environment is a fundamental right.
An EIA is a systematic procedure to predict the environmental consequences of proposed projects before their implementation, thereby helping decision-makers select the most environmentally sound options. It balances three core objectives:
● To foresee adverse environmental effects at an initial stage.
● To integrate environmental concerns into project planning and decision-making.
● To ensure transparency and public participation in environmental governance.
Legal Framework in India
The foundation of EIA regulation in India lies primarily in the Environment (Protection) Act, 1986, which empowers the central government to protect the environment and frame regulations. Section 3 of this Act grants authority to the government to issue notifications controlling activities that cause environmental pollution, paving the way for the EIA Notification of 2006.
The 2006 Notification is the key legislative instrument that prescribes procedures, categories of projects requiring approval, and the process of public participation.
It divides projects into two categories: Category A projects, assessed by the Central government, and Category B projects, evaluated by the State governments or respective authorities. Over the years, amendments - culminating in the 2025 reforms - have attempted to streamline the process, sometimes sparking fierce legal debates about diluting environmental safeguards.
Historical Development of EIA in India
The roots of India’s EIA process trace back to 1976–1977, when the Planning Commission initiated internal project evaluations. However, the process gained legal authority only after the 1984 Bhopal Gas Tragedy, which catalyzed broad environmental reforms including the Environment (Protection) Act, 1986.
The 1994 EIA Notification marked the formal institutionalization of EIA as a legal requirement for specific projects, later replaced by the EIA Notification, 2006, which decentralized the process to state-level authorities, introduced public hearings, and enhanced transparency. The subsequent Draft EIA Notification 2020, though controversial, sought to streamline processes, albeit with reduced opportunities for public participation.
Statutory Provisions and Administrative Structure
The key provisions for EIA are embedded in the EIA Notification, 2006, later amended in 2020 and 2025, which specify project screening, scoping, public consultation, appraisal, and decision-making. The Ministry of Environment, Forest and Climate Change (MoEFCC) supervises the process through Expert Appraisal Committees (EAC) for different sectors - industries, infrastructure, etc. The State Environment Impact Assessment Authorities (SEIAAs) play a similar role at the states’ level.Environment (Protection) Act, 1986 – Provides the enabling power for EIA enforcement.
1. EIA Notification, 2006 (as amended through 2025) – Establishes procedures for environmental clearance.
2. Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 – Complement environmental safeguards.
3. National Green Tribunal Act, 2010 – Facilitates legal recourse for environmental disputes.
4. Public Liability Insurance Act, 1991 – Addresses compensation for accidents involving hazardous substances.
The MoEFCC, together with the State Environment Impact Assessment Authority (SEIAA), Expert Appraisal Committees (EAC/SEAC), and Pollution Control Boards (CPCB/SPCBs), constitutes the multi-layered institutional structure enforcing these provisions.
EIA PROCESS AND STAGES
● Screening
Screening is the initial step that determines whether a project requires a full or partial EIA. This assessment is based on the project’s size, nature, and location, especially considering ecologically sensitive areas. Projects are categorized as Category A (requiring central government clearance) and Category B (requiring state-level clearance). Large-scale and potentially high-impact projects undergo a detailed EIA, whereas smaller projects may be exempted or subject to simplified assessments. This stage is crucial for filtering projects that necessitate comprehensive environmental review to safeguard ecological balance
● Scoping
Once a project passes screening, the scoping stage identifies the main environmental aspects that need assessment. This involves setting the boundaries for the EIA study, such as which environmental components (air, water, soil quality, biodiversity, socio-economic impacts) must be analyzed. The Terms of Reference (ToR) are finalized during scoping, guiding the detailed investigation and ensuring focus on relevant issues. The scoping process is critical to avoid unnecessary data collection while concentrating on significant impacts
Collection of Baseline Data
Before assessing impacts, baseline data collection establishes the current environmental status of the project area. This involves measuring air and water quality, noise levels, soil conditions, flora and fauna diversity, and socio-economic conditions. Baseline data serve as a reference point to compare future changes caused by the project. Accurate and seasonally representative data collection is essential for credible impact prediction and effective mitigation planning
Public Consultation
Public consultation is a democratic process designed to engage affected communities and other stakeholders. It provides an opportunity for the public to learn about the project, express concerns, and offer suggestions during public hearings. This transparency enhances accountability and helps decision-makers to understand local perspectives. Meaningful public participation is critical to environmental justice and improving project outcomes, as mandated by Indian law and international principles.
Post-Clearance Monitoring
Though not requested, it is important to note that after clearance, continuous monitoring ensures compliance with environmental management plans (EMPs), assesses the effectiveness of mitigation measures, and safeguards against unforeseen adverse impacts. Regulatory agencies conduct regular inspections and require compliance reports to maintain environmental standards throughout the project lifecycle
HISTORICAL DEVELOPMENT AND CONTEMPORARY UPDATE
The history of Environmental Impact Assessment (EIA) in India dates back to the mid-1970s, when the Planning Commission directed the Department of Science and Technology to evaluate major river valley projects from an environmental perspective. This initial phase marked an administrative effort to study environmental effects, but EIA was not yet a legally binding requirement. It was only after the Bhopal Gas Tragedy in 1984 - a catastrophic industrial disaster - that India took definitive legislative action to strengthen environmental governance. The tragedy led to the enactment of the Environment (Protection) Act, 1986, which empowered the government to frame regulations to control pollution and protect the environment, providing the legal foundation for EIAs.
The formal statutory mechanism for EIA began with the Notification of 1994, which made environmental clearance compulsory for a range of industrial and infrastructural projects. This notification identified 29 project categories requiring EIA before commencing operations, such as mining, thermal power plants, and township development. However, the process was still centrally controlled, and the procedures were relatively rigid with limited public participation and transparency.
To improve the transparency and system, the Government introduced the EIA Notification 2006, a significant milestone that decentralized the clearance process by involving state-level authorities alongside the central Ministry of Environment, Forest and Climate Change (MoEFCC). This shift allowed the Expert Appraisal Committees (EAC) to assess projects more effectively and mandated public hearings to encourage stakeholder participation. The 2006 notification improved transparency and accountability, aligning India’s EIA process with international best practices.
The Draft EIA Notification 2020 sought to further streamline environmental clearances by simplifying procedures and expanding project categories. However, this draft was met with public criticism because it reduced the scope and timeline for public consultations and introduced provisions that appeared to relax environmental scrutiny. Many environmentalists and civil society activists raised concerns that these measures could undermine India's commitment to sustainable development and weaken protections for vulnerable ecosystems and communities.
LANDMARK CASES
Judicial pronouncements have significantly shaped the EIA framework, ensuring adherence to principles of sustainable development, intergenerational equity, and public participation. Key cases include:
1) Vellore Citizens Welfare Forum v. Union of India (1996) – Recognized sustainable development as part of Article 21 jurisprudence.
The ruling set a precedent for future environmental litigation in India, reinforcing the need for sustainable development practices that balance industrial growth with ecological preservation. It also led to the establishment of a "Green Bench" in the Madras High Court to expedite environmental cases
2) Sterlite Industries Ltd. v. Union of India (2013) : Emphasized the judiciary’s supervisory role in ensuring reasonable and lawful environmental approvals.
3)Alembic Pharmaceuticals v. Rohit Prajapati (2020) : Declared post-facto clearances as legally unsustainable
4) MC Mehta v. Union of India (2024) is a landmark Supreme Court case that banned ex-post facto environmental clearances, meaning projects cannot get approval after they have begun operations. The Court emphasized strict prior environmental clearance under the law and rejected any retrospective approvals as illegal. It also directed states to strengthen pollution control boards by filling vacancies to improve enforcement. This judgment reaffirmed the right to a clean environment as part of the fundamental right to life and underscored that economic development cannot override environmental protection. It builds on MC Mehta's legacy of enforcing environmental accountability and sustainable development in India.
Critical Debates and Challenges
Despite comprehensive statutes and judicial reinforcement, India’s EIA regime faces challenges:
1. Dilution of Norms
Recent amendments, especially the 2020 Draft EIA Notification and the 2025 Reforms, have been criticized for diluting the scope of environmental scrutiny. For instance, exemptions for small hydropower projects and the reduction in public hearing requirements have raised concerns about eroding environmental protections.
Legal Debate: Is promoting economic growth justified at the expense of environmental health? Courts have acknowledged this tension but have consistently emphasized that economic development cannot override fundamental rights secured under the Constitution.
2. Public Participation
The process’s integrity hinges on genuine public consultation. However, critics point out that shortened notice periods, lack of proper information dissemination, and post-facto clearances undermine participatory rights.
Legal Debate: How much scope does judicial review have in ensuring transparency? Courts have leaned towards enforcing public participatory rights, asserting that environmental laws are rooted in constitutional guarantees.
3. Scientific Credibility and Bias
EIA reports are often prepared by consultants linked to project matters. This raises questions about objectivity, leading courts to demand independent assessments and accountability.
4. Post-Approval Monitoring
Once approved, projects often escape rigorous monitoring. Judges have called for strengthening SPCBs (State Pollution Control Boards) and mandatory compliance reports to enforce environmental conditions.
The Constitutional provisions
The EIA mechanism operates within India’s constitutional environmental jurisprudence, derived from the following provisions:
1. Article 21 – Expands the right to life to include the right to a healthy environment.
2. Article 48A (Directive Principles) – Mandates the state to protect and improve the environment.
3. Article 51A(g) – Imposes a fundamental duty on citizens to safeguard the environment.
Judicial interpretation, especially in Subhash Kumar v. State of Bihar (1991) and Virender Gaur v. State of Haryana (1995), has positioned the environment as an inherent component of constitutional rights and duties, legitimizing EIA as a constitutional necessity. In the following cases claims on the defendant were false acting in favour of personal favour instead of public interest.
CONCLUSION
The concept of Environmental Impact Assessment (EIA) in India is about making sure that any developmental project takes its environmental consequences seriously from the start. The law and courts try to strike a balance between promoting growth and protecting nature, but there are still challenges. For instance, rules sometimes get weakened, transparency is limited, and some assessments are not thorough enough.
The ongoing debate is basically about how India can grow economically without harming its environment. Moving forward, the strength of the EIA system depends on how committed lawmakers, courts, and communities are to openness, rgelying on scientific facts, and upholding constitutional values that favor long-term sustainability over quick profits. Simply put, a firm commitment to protecting the environment while developing responsibly is key to making EIA truly effective in India.
This means making the whole process clearer, fairer, and science-based, so development today doesn’t end up causing problems for future generations.
References
1. Drishti IAS https://www.drishtiias.com Environmental Impact Assessment
2. Environmental impact assessment - wikipedia
3. Environmental Impact Assessment
4. INSIGHTS IAS https://www.insightsonindia.com ENVIRONMENT IMPACT ASSESSMENT
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