Environmental Impact Assessment in India: Process, Institutions and Reform
EIA for UPSC: EIA Notification 2006, Category A and B projects, screening, scoping, public hearing and appraisal, CRZ 2019, SEA, ex post facto clearance and reforms.
SyllabusGS III · Conservation, environmental pollution and degradation, environmental impact assessment (GS III)
Prerequisites: Environmental Laws of India: Constitution, Statutes, NGT and Doctrines · Environmental Impact Assessment — overview
The Hook: Can You Ask Permission After You Have Built?
In March 2020, the Ministry of Environment, Forest and Climate Change released a draft EIA Notification, 2020 to replace the 2006 notification. Among other changes, it proposed a route for projects that had started without environmental clearance to obtain it after the fact, and a shorter period for public comment at hearings. The draft drew an unusually large volume of public comments. In April 2020, in Alembic Pharmaceuticals Ltd. v. Rohit Prajapati, the Supreme Court held that the concept of an ex post facto environmental clearance is contrary to the fundamental principles of environmental jurisprudence.
The question it raises: what is EIA supposed to do, how does the Indian process work, and why is it so contested?
The Core Concept
Environmental impact assessment is a process for identifying, predicting and evaluating the likely environmental and social effects of a proposed project before a decision is taken, and for designing measures to avoid, reduce or offset them. Its logic is preventive: it is cheaper to change a design on paper than to clean up afterwards. Principle 17 of the Rio Declaration (1992) calls for EIA as a national instrument for activities likely to have a significant adverse impact on the environment.
History
| Year | Milestone |
|---|---|
| 1969 | National Environmental Policy Act (NEPA), United States — the first law to require EIA |
| 1976–77 | India begins examining river valley projects from an environmental angle |
| 27 January 1994 | First EIA Notification under the Environment (Protection) Act, 1986 makes EIA mandatory for listed activities |
| 14 September 2006 | EIA Notification, 2006 replaces it; introduces decentralisation through State-level authorities |
| 2018 | PARIVESH online single-window system for environment, forest, wildlife and CRZ clearances |
| 2020 | Draft EIA Notification, 2020 released for comments |
Project categories under the 2006 notification
| Category | Appraisal body | Clearance authority |
|---|---|---|
| Category A | Expert Appraisal Committee (EAC) at the Centre | MoEFCC |
| Category B | State Expert Appraisal Committee (SEAC) | State Environment Impact Assessment Authority (SEIAA) |
- Category B is split at screening into B1 (EIA report required) and B2 (no EIA report).
- General condition: a Category B project located wholly or partly within 10 km of a protected area, a critically polluted area, a notified eco-sensitive area, or an inter-State or international boundary is treated as Category A.
- If an SEIAA has not been constituted, Category B projects are handled at the Centre as Category A.
The four stages
graph LR
A[Screening - Category B only] --> B[Scoping - Terms of Reference]
B --> C[Public consultation]
C --> D[Appraisal by EAC or SEAC]
D --> E[Grant or rejection of clearance]
E --> F[Post-clearance monitoring - six-monthly compliance reports]| Stage | What happens |
|---|---|
| 1. Screening | Only for Category B — SEAC decides whether the project is B1 or B2 |
| 2. Scoping | EAC or SEAC sets the Terms of Reference (ToR) — the issues the EIA report must study |
| 3. Public consultation | (a) A public hearing at or near the site, and (b) written responses from others with a stake |
| 4. Appraisal | Detailed scrutiny of the final EIA report and hearing outcomes; recommendation to the regulatory authority |
The public hearing
- Conducted by the State Pollution Control Board (or the UT Pollution Control Committee).
- Presided over by the District Magistrate or a representative not below the rank of Additional District Magistrate.
- Advance public notice of at least 30 days; proceedings are recorded and the minutes sent to the regulatory authority.
- Certain projects are exempt from public consultation — for example all Category B2 projects and projects concerning national defence and security or other strategic considerations as determined by the Central Government, along with some others listed in the notification.
What goes into an EIA report
- Project description and alternatives (including the “no project” option).
- Baseline environmental status — air, water, soil, noise, biodiversity, socio-economic conditions.
- Impact prediction — magnitude, duration, reversibility.
- Mitigation measures and an Environmental Management Plan (EMP).
- Risk assessment and disaster management plan where relevant.
- Monitoring programme.
EIA reports are prepared by consultants accredited under a scheme run through the Quality Council of India (QCI–NABET), and paid for by the project proponent.
Related clearances
| Clearance | Law | Who decides |
|---|---|---|
| Environmental clearance | EIA Notification, 2006 (under the EP Act, 1986) | MoEFCC / SEIAA |
| Forest clearance | Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 | Central Government — usually in two stages (in-principle, then final) |
| Wildlife clearance | Wildlife (Protection) Act, 1972 | Standing Committee of the National Board for Wildlife, for projects in protected areas and, as directed, their surroundings |
| CRZ clearance | CRZ Notification, 2019 (under the EP Act, 1986) | Coastal Zone Management Authorities and MoEFCC |
Coastal Regulation Zone (CRZ) Notification, 2019
| Zone | Covers | Key rule |
|---|---|---|
| CRZ-I | Ecologically sensitive areas — mangroves, corals, sand dunes, intertidal zone | Most restricted |
| CRZ-II | Developed (urban) areas close to the shoreline | Construction allowed landward of existing structures |
| CRZ-III A | Densely populated rural areas (population density of 2,161 per sq km or more, Census 2011) | No Development Zone of 50 m from the High Tide Line |
| CRZ-III B | Other rural areas | No Development Zone of 200 m from the High Tide Line |
| CRZ-IV | Water area from the Low Tide Line up to 12 nautical miles seaward, plus tidal water bodies | Regulates fishing-related and other activities in water |
Beyond project-level EIA
- Strategic Environmental Assessment (SEA) applies environmental assessment to policies, plans and programmes — for example, a State’s mining policy or a river basin’s hydropower plan — before individual projects are proposed.
- Cumulative Impact Assessment studies the combined effect of several projects in one area, such as a series of dams on one river.
- Carrying capacity studies ask how much development a region can sustain.
- Internationally, the Espoo Convention (1991) under the UN Economic Commission for Europe deals with EIA in a transboundary context; its Kiev Protocol (2003) covers SEA.
Judicial landmarks
| Case | Holding |
|---|---|
| Lafarge Umiam Mining v. Union of India (2011) | Laid down guidelines on environmental and forest clearances and directed the Centre to set up a national regulator for appraising projects |
| Common Cause v. Union of India (2017) | Mining without valid environmental and forest clearances made liable to pay compensation equal to the value of the mineral extracted illegally |
| Alembic Pharmaceuticals v. Rohit Prajapati (2020) | Ex post facto environmental clearance is contrary to the fundamental principles of environmental jurisprudence |
Memory Anchors
The four stages — “Some Scientists Prefer Apples”: Screening · Scoping · Public consultation · Appraisal
Category rule of thumb: “A for All-India (Centre), B for the Boards and States (SEIAA).”
CRZ — “1 Sensitive, 2 City, 3 Village, 4 Water.”
EIA vs SEA
| EIA | SEA | |
|---|---|---|
| Level | Individual project | Policy, plan, programme |
| Timing | When a project is proposed | Before projects are chosen |
| Alternatives considered | Narrow (site, design) | Broad (different development paths) |
| Cumulative effects | Weak | Central |
One-line Mains hook: EIA should be a decision-making tool, not a decision-justifying document.
For Prelims
- EIA became mandatory in India by the notification of 27 January 1994 under the EP Act, 1986; the current framework is the EIA Notification of 14 September 2006.
- Category A: EAC and MoEFCC. Category B: SEAC and SEIAA. Screening is only for Category B.
- Category B projects within 10 km of protected areas, critically polluted areas, eco-sensitive areas or inter-State/international boundaries are treated as Category A.
- Public hearing: conducted by the SPCB/UTPCC, presided over by the DM or an officer not below ADM.
- CRZ 2019: CRZ-III A No Development Zone 50 m; CRZ-III B 200 m; CRZ-IV up to 12 nautical miles.
- First EIA law: NEPA, USA (1969). Transboundary EIA: Espoo Convention (1991). EIA in the Rio Declaration: Principle 17.
For Mains
- Dimensions: environmental (irreversible loss of forests, rivers and coasts), social (displacement, livelihoods, consent of Gram Sabhas), economic (project delays and costs; certainty for investors), governance (independence of appraisal, conflicts of interest, capacity), legal (ex post facto clearance, judicial oversight).
- Keywords: precautionary principle, public participation, informed consent, cumulative impact, carrying capacity, strategic environmental assessment, independent regulator, compliance monitoring, ease of doing business.
- Value-addition: Lafarge (2011) on a national regulator; Alembic (2020) on ex post facto clearance; Rio Principle 17; EIA vs SEA comparison.
Common Traps
In the News
- March 2020 — Draft EIA Notification, 2020 released for public comments.
- April 2020 — Supreme Court in Alembic Pharmaceuticals held ex post facto environmental clearance contrary to environmental jurisprudence.
- See current affairs for later amendments and court rulings on environmental clearance.
Practice
Prelims
With reference to environmental impact assessment in India, consider the following statements:
- EIA was first made mandatory for listed activities by a notification issued in 1994 under the Environment (Protection) Act, 1986.
- Category A projects are appraised by the State Expert Appraisal Committee.
- Screening under the EIA Notification, 2006 applies only to Category B projects.
Which of the statements given above is/are correct?
Solution
Statement 1 is correct — the notification of 27 January 1994. Statement 2 is incorrect — Category A projects are appraised by the Expert Appraisal Committee at the Centre and cleared by the MoEFCC; the SEAC handles Category B. Statement 3 is correct — screening sorts Category B projects into B1 and B2.
Answer: B
Which one of the following gives the correct sequence of stages in the environmental clearance process under the EIA Notification, 2006?
Solution
The sequence is Screening (Category B only) → Scoping (Terms of Reference) → Public consultation (hearing and written responses) → Appraisal (by the EAC or SEAC). Public consultation needs a draft EIA report prepared according to the ToR, so scoping must come first.
Answer: C
Under the Coastal Regulation Zone Notification, 2019, CRZ-IV refers to:
Solution
CRZ-IV covers the water area from the Low Tide Line to 12 nautical miles seaward, along with tidal water bodies. Option A describes CRZ-I, option B CRZ-II and option C CRZ-III.
Answer: D
Mains
“Environmental impact assessment in India has become a procedural formality rather than a tool for informed decision-making.” Critically examine, and suggest reforms.
Solution
Introduction: EIA, mandatory in India since 1994 and now governed by the EIA Notification, 2006 under the Environment (Protection) Act, is meant to inform whether and how projects proceed. Courts, experts and affected communities have, however, repeatedly questioned its quality and independence.
Body:
- Why it is seen as a formality:
- Conflict of interest: consultants are hired and paid by the project proponent.
- Poor-quality reports: inadequate baseline data, limited consideration of alternatives, copied content.
- Public hearings sometimes held with poor notice or in inaccessible places; reports not available in local languages.
- Critics note that outright rejections are rare; clearances instead carry long lists of conditions that are weakly monitored.
- Project-by-project assessment ignores cumulative impacts on a river basin or region.
- Pressure for ex post facto regularisation (rejected by the Supreme Court in Alembic, 2020).
- Counterpoints: the process has added transparency (PARIVESH), forced mitigation plans, and created a forum for affected people; delays also impose economic costs.
- Reforms:
- An independent national regulator, as the Supreme Court suggested in Lafarge (2011).
- Consultant selection from an accredited pool, paid through a fund rather than directly by the proponent.
- Strategic and cumulative assessments for sectors and regions.
- Meaningful public participation: local-language summaries, adequate notice, online access.
- Strong post-clearance monitoring with penalties for non-compliance.
Conclusion: EIA works only if it can say “no” or “not here”. Independence, quality and participation can restore it as a genuine decision-making tool while giving investors predictable timelines.
Quick Revision
| Point | One-liner |
|---|---|
| Parent law | Environment (Protection) Act, 1986 |
| Notifications | 27 January 1994; 14 September 2006 |
| Category A | EAC + MoEFCC |
| Category B | SEAC + SEIAA; B1 needs EIA, B2 does not |
| Stages | Screening, scoping, public consultation, appraisal |
| Public hearing | SPCB conducts; DM/ADM presides |
| CRZ 2019 | III A 50 m NDZ; III B 200 m; IV to 12 nm |
| SEA | Policies, plans, programmes |
| Ex post facto EC | Rejected in Alembic (2020) |
| First EIA law | NEPA, USA, 1969 |
Key Takeaways
- EIA in India rests on the EIA Notification, 2006, delegated legislation under the EP Act, 1986.
- Know who appraises what (EAC vs SEAC), which stage applies to whom (screening only for B), and who runs the public hearing (SPCB).
- In Mains, argue for independence, quality, cumulative assessment and genuine participation.
Related Topics
- Environmental Impact Assessment — quick revision
- Environmental Impact Assessment — practice questions
- Environmental Laws and Institutions
- Protected Areas and Wildlife
- Industry and Infrastructure