Green exception should not be the rule, Pg11

Key Highlights:

• The Supreme Court is reviewing the legality of post-facto environmental clearances, which allow developers to obtain green clearances after starting a project.
• A three-judge bench recalled a previous verdict that deemed post-facto environmental clearances as illegal, citing potential demolition of public projects worth Rs 20,000 crore.
• Justice Ujjal Bhuyan dissented, affirming that environmental law does not recognize ex-post facto clearance, echoing the precautionary principle.
• The court will now consider exceptions to environmental norms in cases of national security, healthcare facilities in underserved areas, or urgent highway construction.

Detailed Insights:

• The Supreme Court has consistently strengthened environmental safeguards through interpretations of Article 21, emphasizing a clean environment as essential to the Right to Life.
• Post-facto clearances violate Environmental Impact Assessment (EIA) Rules by allowing developers to begin projects before obtaining environmental approval.
• The Supreme Court has previously ruled against ex-post facto environmental clearances, stating they could lead to irreparable environmental degradation and undermine deliberative decision-making.
• Balancing environmental protection with developmental needs requires carefully considered exceptions, such as projects related to national security or essential infrastructure in remote areas.
• The court's decision will be crucial in determining how it balances ecological security with developmental imperatives, especially in light of the increasing effects of climate change.

Key Concepts Involved:

• Environmental Impact Assessment (EIA): A process to evaluate the environmental consequences of a proposed project or policy.
• Post-facto Environmental Clearance: Granting environmental approval to a project after construction has commenced, violating established procedures.
• Precautionary Principle: A strategy to avoid potentially serious or irreversible environmental damage, even in the absence of complete scientific certainty.