The Supreme Court of India, in its order dated 2 February 2024 in the long-running forest conservation proceedings, issued comprehensive guidelines for the effective functioning of environmental regulatory authorities across the country. A Bench comprising Justice B.R. Gavai, Justice P.S. Narasimha, and Justice Prashant Kumar Mishra directed strict compliance with environmental clearance conditions and strengthened the monitoring framework for State Environment Impact Assessment Authorities (SEIAAs) and Expert Appraisal Committees (EACs).
Background
The order was passed in the T.N. Godavarman Thirumulpad v. Union of India proceedings, which have been pending before the Supreme Court since 1995 and have served as the primary vehicle for the Court's constitutional monitoring of forest and environmental protection in India. Over the decades, these proceedings have generated a substantial body of orders governing forest diversion, environmental clearance processes, and the functioning of regulatory bodies established under the Environment (Protection) Act, 1986.
The present order addressed concerns regarding the quality and rigour of environmental clearance processes at the State level. Reports and applications before the Court indicated that several SEIAAs and EACs had been granting clearances without adequate scrutiny, failing to monitor compliance with conditions attached to clearances, and in some instances, functioning without the requisite quorum or qualified membership. The Court exercised its continuing jurisdiction to address these systemic deficiencies.
Key Holdings
The Court laid down the following guidelines:
Strict compliance with clearance conditions: All environmental clearances granted by SEIAAs and the Ministry of Environment must be treated as conditional, and project proponents are obligated to comply with every condition. Non-compliance was directed to result in suspension or revocation of the clearance.
Monitoring mechanism strengthened: SEIAAs were directed to establish dedicated monitoring cells to conduct periodic inspections of projects that have received environmental clearance, with reports to be filed at specified intervals.
Quorum and qualification requirements: The Court emphasised that SEIAAs and EACs must function with the prescribed quorum and membership composition at all times. Clearances granted by improperly constituted bodies were held to be legally vulnerable to challenge.
Constitutional monitoring jurisdiction reaffirmed: The Bench reiterated that the Supreme Court retains continuing supervisory jurisdiction over environmental governance under its original orders in the Godavarman proceedings, and that environmental regulatory bodies function subject to this constitutional oversight.
Transparency in clearance process: Records of EAC and SEIAA meetings, including minutes, attendance, and reasons for decisions, were directed to be maintained and made accessible to ensure procedural integrity.
Implications for Practitioners
These guidelines have immediate practical significance for environmental law practitioners, project proponents, and regulatory authorities. Developers and infrastructure companies holding existing environmental clearances must conduct an internal audit of compliance with all conditions, as the strengthened monitoring framework increases the risk of clearance suspension for non-compliance.
For practitioners representing objectors or environmental interest groups, the order provides a renewed basis for challenging clearances granted by improperly constituted SEIAAs or without adequate scrutiny. The emphasis on transparency and record-keeping also opens avenues for obtaining information through Right to Information applications.
State governments will need to ensure that their SEIAAs are fully staffed, properly constituted, and adequately resourced to meet the monitoring obligations directed by the Court. The order effectively raises the operational standard for environmental governance at the State level, and regulatory bodies that fall short may face judicial intervention.