Environmental Impact
Assessment in India: Legal
Framework and
Challenges
India's Environmental Impact Assessment (EIA) process is governed
by regulations designed to protect the environment while
facilitating sustainable development.
This framework primarily stems from the Environmental Protection
Act, 1986, and is complemented by specific EIA Notifications issued
by the Ministry of Environment, Forest and Climate Change
(MoEF&CC).
Environmental Protection Act and EIA Notification
Environmental Protection Act, 1986 EIA Notification, 2006
This act serves as the umbrella legislation The cornerstone of EIA regulations in
for environmental protection in India. India, issued under the Environmental
It authorizes the Central Government to Protection Act.
take measures to protect and improve the It categorizes projects into A (national-
environment, including making rules for level) and B (state-level) based on
environmental clearance through EIA. potential environmental impact, and
outlines the stages in the EIA process.
EIA Process and Project Categories
Screening
Only for Category B projects to determine if full EIA is required.
Scoping
Determining the Terms of Reference for EIA study.
Public Consultation
Mandatory for most projects, with exceptions like defense projects.
Appraisal and Decision-Making
Final stage where project approval is decided.
Additional Regulatory Acts
Water (Prevention and Control of Pollution)
Forest Conservation Act, Act, 1974
1980 The Air (Prevention and Control of Pollution)
Requires clearance for projects Act, 1981
involving forest land diversion.
and Acts
Ancillary to EIA, setting
emission and effluent
standards.
Biodiversity Act, 2002
Ensures EIA studies address
impacts on biodiversity and
promote conservation.
Coastal and Wildlife
Protection
Coastal Regulation Wildlife Protection
Zone Notification, Act, 1972
2011
Governs activities in India's Projects impacting wildlife
coastal areas to prevent habitats or protected areas
ecological damage. must comply with this act
Requires EIA for certain and require clearance from
projects in coastal zones. the National Board for
Wildlife (NBWL).
Tribal Rights and Forest
Communities
Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act,
2006 recognizes the rights of forest-dependent
communities.
EIA studies must consider the implications of
project activities on tribal communities and their
livelihoods.
This act ensures that the rights and interests of
forest-dwelling communities are taken into
account during the environmental assessment
process.
Draft EIA Notification 2020 and
Challenges
1 Draft EIA 2020
Proposed update introducing retrospective
clearances and reduced public consultation time.
2 Delays and Inefficiency
Process criticized for being time-consuming and bureauc
3 Poor Public Participation
Limited accessibility and awareness restrict effective pu
4 Weak Monitoring
Inadequate post-clearance monitoring leading to non-co
Balancing Development
and Environmental
Protection
India's EIA framework strives to balance environmental
sustainability and economic growth. However, improving
transparency, public involvement, and enforcement is
critical to achieving its intended outcomes.
The ongoing challenges highlight the need for continuous
refinement of the EIA process to ensure effective
environmental protection alongside sustainable
development.
TERMINOLOGY
• Abbreviations (in national language) used in regulations. Common abbreviations:
• EIA: Environmental Impact Assessment
• EIS: Environmental Impact Study
• EMP: Environmental Management Plan
• IEE: Initial Environmental Examination
• SEA: Strategic Environmental Assessment
• TOR: Terms of Reference
• CIA: Cumulative Impact Assessment
• CPCB: Central Pollution Control Board
• DoE: State (or Union Territory) Department of Environment
• EAC: Expert Appraisal Committee of the MoEF
• EC: Environmental Clearance
• EPA: Environment Protection Act
• MoEF: Ministry of Environment, Forests and Climate Change
• PEC: Prior Environmental Clearance (or Permit)
• REA: Regional Environmental Impact Assessment
• SEIAA: State (or Union Territory) Environmental Impact Assessment
Authority
• SEAC: State (or Union Territory) Expert Appraisal Committee
• SPCB: State (or Union Territory) Pollution Control Board
ENVIRONMENTAL AUTHORITIES
• Entities and authorities with key responsibilities in the EIA process
• MoEF
• CPCB
• EAC
• SEIAA
• SEAC
• SPCB
DECISION-MAKING RESPONSIBILITY
• Authority responsible for the evaluation and final decision in the EIA
process
• MoEF
• SEIAA
