Introduction – Meaning, Concept and Purpose
Environmental Impact Assessment (EIA) is a preventive environmental management tool that evaluates the likely environmental consequences of a proposed development project before it is allowed to proceed. The fundamental idea behind EIA is that environmental harm is easier and cheaper to prevent than to remedy after damage has occurred. In India, EIA is not merely an administrative formality but an essential mechanism to balance economic development with environmental protection and public health.
The purpose of EIA is to ensure informed decision-making by predicting environmental impacts, proposing mitigation measures, and involving affected communities in the decision-making process. It seeks to integrate environmental concerns into developmental planning so that projects are environmentally sustainable, socially acceptable, and legally compliant.
Evolution and Legal Basis of EIA in India
Unlike some countries where EIA is enacted through a separate statute, in India the EIA framework derives its legal authority from the Environment (Protection) Act, 1986, particularly Section 3, which empowers the Central Government to take measures to protect and improve the environment. In exercise of this power, the Central Government issued the Environmental Impact Assessment Notification, 2006, which currently governs the EIA process in India.
Judicially, the concept of EIA in India evolved even before the formal notification. In Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh (1985), the Supreme Court emphasized the need to assess environmental consequences of mining activities. Later, in Vellore Citizens’ Welfare Forum v. Union of India (1996), the Court explicitly recognized the precautionary principle and sustainable development, both of which form the foundation of EIA jurisprudence.
Objectives and Importance of Environmental Impact Assessment
The primary objective of EIA is to identify, predict, and evaluate the environmental effects of proposed projects. It ensures that development projects do not irreversibly damage ecosystems, biodiversity, or human health. EIA also promotes transparency by mandating public consultation, thereby giving affected communities a voice in environmental governance.
From a legal perspective, EIA operationalizes the constitutional mandate under Article 21, which includes the right to a clean and healthy environment. It also supports Article 48A (Directive Principles of State Policy) and Article 51A(g) (Fundamental Duties), reinforcing environmental protection as a shared responsibility.
EIA Notification, 2006 – Structure and Classification of Projects
The EIA Notification, 2006, issued by the Ministry of Environment, Forest and Climate Change (MoEFCC), classifies projects into Category A and Category B, based on their potential environmental impact. Category A projects, such as large mining operations, thermal power plants, and major infrastructure projects, require prior environmental clearance from the Central Government. Category B projects are appraised at the State level by State Environment Impact Assessment Authorities (SEIAA).
Category B projects are further divided into B1, which require a detailed EIA study, and B2, which are exempt from preparing an EIA report. This classification ensures proportional regulation based on environmental risk.
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Stages and Procedure of Environmental Impact Assessment
The EIA process involves multiple stages designed to ensure thorough environmental scrutiny. It begins with screening, where the need for EIA is determined. This is followed by scoping, in which the Terms of Reference (ToR) for the EIA study are finalized. The impact assessment stage involves detailed scientific evaluation of potential environmental effects.
One of the most significant stages is public consultation, which includes public hearings and written responses from stakeholders. This stage reflects the democratic and participatory nature of environmental governance. Finally, the appraisal stage involves expert committees assessing the project and recommending whether environmental clearance should be granted, rejected, or granted with conditions.
Role of Public Participation and Transparency
Public participation is a cornerstone of the EIA process in India. The EIA Notification mandates public hearings for most projects, allowing affected persons to express concerns related to pollution, displacement, and ecological damage. Courts have repeatedly stressed the importance of meaningful public consultation.
In A.P. Pollution Control Board v. Prof. M.V. Nayudu (1999), the Supreme Court highlighted the need for transparency and scientific expertise in environmental decision-making. Similarly, in Lafarge Umiam Mining Pvt. Ltd. v. Union of India (2011), the Court held that EIA and public consultation are essential components of sustainable development.
Judicial Approach and Landmark Case Laws
Indian courts have played a decisive role in strengthening the EIA regime. In Sterlite Industries (India) Ltd. v. Union of India (2013), the Supreme Court emphasized strict compliance with environmental clearance conditions. In Common Cause v. Union of India (2017), the Court held that mining without proper environmental clearance violates environmental law and the public trust doctrine.
The judiciary has consistently treated EIA as a substantive safeguard rather than a procedural formality, reinforcing accountability of project proponents and regulatory authorities.
Criticism, Limitations and Challenges of EIA in India
Despite its importance, the EIA process in India faces criticism for inadequate baseline data, poor-quality impact assessments, and limited public awareness. Concerns have also been raised regarding post-clearance monitoring and enforcement. Delays, dilution of public participation, and project-centric assessments rather than ecosystem-based evaluations remain persistent challenges.
Nevertheless, courts and tribunals such as the National Green Tribunal (NGT) continue to address these shortcomings through judicial review and strict compliance requirements.
Recent Developments and Policy Debates
Recent amendments and draft notifications related to EIA have generated significant public and academic debate. Issues such as post-facto environmental clearance, online public hearings, and expansion of exempted project categories have raised concerns about environmental safeguards. These developments highlight the evolving nature of EIA law and the need to balance administrative efficiency with environmental protection.
Mind Map – Text-Based Overview
Environmental Impact Assessment (EIA)
│
├── Legal Basis – EPA, 1986
├── EIA Notification – 2006
├── Project Categories – A & B
├── Key Stages – Screening to Appraisal
├── Public Participation – Public Hearing
├── Judicial Principles – Precautionary, Sustainable Development
└── Enforcement – Courts & NGT
Situation-Based Questions and Answers
If a mining project begins operations without obtaining prior environmental clearance, it would be illegal under the EIA Notification, 2006, and liable to be stopped, as held in Common Cause v. Union of India. If a public hearing is conducted improperly, affected persons may challenge the clearance before the NGT. Projects causing serious environmental harm despite clearance may face suspension or revocation.
