Environmental clearance and sustainable development: changing paradigm of environmental constitutionalism in Indian

Abstract

Environmental Clearance (EC) to operate in any industry or establishment is firmly accepted across the globe. It is issued after complying with four stages of Environmental Impact Assessment (EIA) namely screening, scoping, public hearing and appraisal. It stipulates the precautionary conditions to operate (CTO) an industry without causing environmental hazards deploying all necessary environmental protection measures. The MoEF&CC issues EC in India, directly or through its regional authorities. In recent decisions, the Supreme Court of India has allowed post-EC to some of the MSMEs that were operating without EC on account of ignorance of the law on the part of the owner as well as the State Pollution Control Board (SPCB). The post-EC has been permitted to remove procedural irregularity by applying the ‘proportionality principle’ on account of MSME’s contribution to the national economy and livelihood to a significant size of the populace. This research paper finds post-EC anathema to the sustainable development principles.