An Evaluation Of Environmental Impact Assessment Mechanisms In India With Reference To Legal Loopholes, Procedural Shortcomings, And Recent Amendments
- IJLLR Journal
- Nov 10, 2025
- 1 min read
Adv. Krittika Kashyap, High Court Lucknow Bench,BBA LLB (H), Dept of Law, Babasaheb Bhimrao Ambedkar University, Lucknow (U.P.)
ABSTRACT
Environmental Impact Assessment (EIA) is a cornerstone of environmental governance and sustainable development policy in India. Introduced under the Environment (Protection) Act, 1986, and operationalized through executive notifications, the EIA framework aims to evaluate and mitigate adverse environmental impacts of developmental projects. However, over time, the system has been eroded by legal loopholes, procedural inadequacies, and political-economic pressures. This paper critically examines the statutory and institutional framework of EIA in India, highlighting systemic shortcomings such as defective screening and scoping, tokenistic public consultations, and post-clearance monitoring failures. Particular attention is paid to the controversial Draft EIA Notification 2020, which seeks to institutionalize post-facto clearances and weaken public participation—measures that contradict judicial precedents and constitutional environmental rights under Article 21. Through case studies involving legal persons such as LG Polymers, Vedanta Ltd., and Adani Enterprises, the paper demonstrates how corporate negligence, aided by regulatory laxity, continues to endanger public health and ecological stability. The study concludes by recommending structural reforms that realign the EIA process with principles of environmental justice, transparency, and accountability.
Keywords: Environmental Impact Assessment (EIA); Environment Protection Act, 1986; Draft EIA Notification 2020; Public Participation; Legal Loopholes; Corporate Accountability; National Green Tribunal (NGT); Environmental Governance; Sustainable Development; Article 21 of the Constitution.
