Q7 · UPSC Civil Services Mains 2020 · GS III · 10 marks · 2 min read

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How does the draft Environment Impact Assessment (EIA) Notification, 2020 differ from the existing EIA Notification, 2006?

Topic: Environment and Conservation. Syllabus: Conservation, environmental pollution and degradation, environmental impact assessment. Same official PYQ from year-wise 2020 and Environment and Conservation.

Revision summary

EIA 2006 is the notified prior environmental clearance system under the EP Act. Draft EIA 2020 proposed post-facto clearance, shorter and narrower public hearings, and more exemptions. It also sketched more central discretion and lighter post-clearance watch. The 2020 text was a draft for comments, not a replacement gazette. Naming 2020 as enacted EIA law is a factual error.

Model answer

Copper italics in this answer — like this — are the key facts. Each one is unpacked in the Facts & figures rail.

Introduction

EIA in India is a subordinate notification under the Environment (Protection) Act, 1986. The EIA Notification, 2006 is still the notified procedure for prior environmental clearance. The draft EIA Notification, 2020 was a MoEFCC proposal put out for comment. It was not brought into force as a final gazette replacing 2006. Any comparison is draft versus living law, not old Act versus new Act.

Body

What EIA 2006 actually is

  • It is the notified regime: screening, scoping, public consultation, and appraisal, with Category A (MoEFCC and EAC) and Category B (SEIAA and SEAC).
  • Prior environmental clearance is required before a listed project is built or expanded, subject to the schedule.
  • Public hearing is a defined step for many Category A and B1 projects, with a notice window and a role for the local affected public, not only for files in Delhi.
  • Post-clearance compliance is supposed to be monitored; violation is not meant to be a parallel easy door.

How the 2020 draft proposed to differ

  • Post-facto (ex-post facto) clearance: the draft sketched a path to regularise projects that had already started without EC, with penalty. That is a break from the 2006 logic of prior clearance. Courts have since treated post-facto environmental clearance with deep suspicion; the draft’s politics were exactly this dilution.
  • Public consultation thinned: shorter hearing windows, more project types moved toward B2 (no EIA, no hearing), and wider exemptions for ‘strategic’, border, and some linear or expansion cases. 2006 already had exemptions; the draft widened them.
  • Centralisation and discretion: more items pulled toward the Centre; ‘strategic’ labelling could reduce disclosure.
  • Compliance self-reporting and longer validity of clearances were proposed, which critics read as weaker watch after the stamp.
  • Modernisation and expansion were to face lighter rungs than a new project, raising the risk of cumulative load without a fresh public test.

What did not happen

  • The draft drew large public and scientific objection in 2020. No final 2020 EIA notification replaced 2006.
  • Clearance practice in the years after still runs on 2006, as amended from time to time, not on a 2020 statute-like code.
  • Answer-writers who call ‘EIA 2020’ the law are describing a proposal as if it were notified. That is factually wrong.

Flow diagram

flowchart TD
  E[EP Act 1986] --> N[EIA Notification 2006 notified]
  D[Draft EIA 2020] --> P[Post-facto thinner hearings]
  D --> X[Not brought into force]
  N --> L[Living clearance law]
  X[X] --> N[N]

Conclusion

EIA 2006 is the notified prior-clearance and public-hearing system. Draft EIA 2020 proposed post-facto regularisation, thinner hearings, more exemptions, and lighter compliance. It remained a draft. Until a new final notification is gazetted, 2006 is the law to name.

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  1. 2024 · Q8 · GS III · 10 marks

    What role do environmental NGOs and activists play in influencing Environmental Impact Assessment (EIA) outcomes for major projects in India? Cite four examples with all important details.

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