Of late, systematic "watering down" of environmental protections have been observed , characterized by the judicial recall of progressive judgments, the adoption of reductionist definitions for protected areas (such as the Aravalli hills), etc.
Systematic Dilution of Environmental Regulation
- EIA Process Undermined: Since December 18, 2025, for non-coal mining projects, land acquisition can occur before an Environmental Impact Assessment (EIA), and EIAs can be conducted without specific details regarding location and area.
- Judicial recalls: The recall of Vanashakti vs Union of India (2025) diluted the ban on retrospective clearances, signalling a retreat from pro-environment jurisprudence.
- Aravalli Hills Controversy: The Court accepted a 100-metre height-based definition, excluding large ecologically vital areas from protection impacting violation of Article 21, weakens article 48A.
- Mangroves & Coastal Ecology: Judicial approval for destruction of mangroves (e.g., Raigarh, Maharashtra for Adani Cementation Ltd.) reflects reliance on compensatory afforestation, which ignores ecological science.
- Strategic Defense vs. Ecology: Court allowed wider roads based on strategic defense needs despite recognizing the area's ecological importance. (Citizens for Green Doon vs Union of India, 2021).
- This "balancing act" has been linked to subsequent flash floods and ecological disturbances in Uttarakhand.
Constitutional and Jurisprudential Implications
- Constitutional provisions at risk: Article 14 (principle of non-arbitrariness and equality before law), Article 21 (right to clean and healthy environment), Article 51A(g) (fundamental duty of citizens to safeguard the environment), etc.
- Erosion of Public Trust doctrine: Established in M.C. Mehta vs. Kamal Nath (1996), the Public Trust Doctrine asserts that natural resources belong to the state in trust for the people and cannot be sold for private exploitation.
- Current judicial trends that approve environmental degradation appear to contradict this foundational jurisprudence.
