The Political Economy Of Environmental Governance In India A Review Of Environmental Impact Assessment Procedures

Abstract

The research study attempts to conduct a comprehensive review of Environmental Impact Assessment (hereafter referred to as “EIA”) regime in India. It attempts to draw the contours of the country’s environmental governance through the lens of political economy. To that end, the research study encapsulates analysing the primary aspects of environmental regulation specifically for EIA as a policy tool. First, it covers a metaanalysis of the evolution of EIA policies, laws, and related ordinances. Second, the study involves the analysis of individual cases for assessing the efficacy of the appraisal procedure. Third, as an ancillary aspect of the study, case law analysis has been conducted in order to delineate the problematic areas which were grounds for the judiciary to overturn Environment Clearances (hereafter referred to as “EC”) which were already granted to the respective project proponents. The key findings and observations from the study suggests that the evolution of EIA laws has been embedded in the political-economic context which runs parallel to it, starting from the onset of 1991 liberalisation reforms to the introduction of ‘Ease of Doing Business’ in the policy consciousness of the country post 2015. Secondly, the assessment of the appraisal process followed by the EAC and the Ministry of Environment, Forests, and Climate Change (MoEFCC) suggest that it is skewed in favour of the proponents, i.e., the procedures do exhibit pro-industrial tendencies within the EIA regime. Major shortcomings were highlighted in the post-EC compliance monitoring regime of the MoEFCC. Lastly, the aforesaid observations were reaffirmed with the analysis of the National Green Tribunal’s orders in some of the cases related to EIAs.