Top court’s green governance, cause for uncertainty, Pg10

Key Highlights:

• The Supreme Court of India has shifted from reviewing administrative decisions to issuing forward-looking directions in environmental cases over the last decade.
• In June 2022, the Court mandated a minimum 1 km Eco-Sensitive Zone (ESZ) around protected areas, but modified it in April 2023 where the Environment Ministry had already issued notifications.
• In December 2015, the Court banned registration of diesel cars with engine capacity of 2,000 cc or more in Delhi-NCR, but lifted it in August 2016 with a 1%-2% charge on ex-showroom price.
• The Court has sometimes imposed near-total bans on firecrackers in the NCR due to air pollution, later relaxing them around festivals for categories like "green crackers".

Detailed Insights:

• The Court's intervention in environmental matters has been triggered by fragmented enforcement, delayed notifications, poor monitoring, and ad hoc exemptions by regulators.
• The justification for the Court's actions has shifted from legality to consequences, as seen in the Vanashakti vs Union of India case regarding ex post facto environmental clearances.
• The Court's reliance on expertise has been a source of both support and dispute, leading to U-turns, as illustrated in the Aravalli matter concerning mining definitions.
• Project proponents and governments are approaching the Court for permissions even before statutory authorities complete project examination, potentially smothering meaningful judicial review in other forums.
• The Court should protect the environment by disciplining the state back into regulation, specifying thresholds for managerial directions, and insisting on time-bound regulatory action.
• The Court can reduce uncertainty by avoiding sweeping rules that invite exceptions and by explaining what evidence would justify modification.

Key Concepts Involved:

• Eco-Sensitive Zone (ESZ): Areas around protected areas to minimize the impact of developmental activities.
• Continuing Mandamus: A judicial order directing a government or organization to perform a specific action, often monitored over time.
• Ex post facto: Made or done retroactively.