GS Paper II and III

News Excerpt:

The Supreme Court (SC) held that bodies and authorities enforcing environmental laws should be accountable, transparent and efficient in their functioning.

What has the SC said?

• The court passed the directions while approving the Centre’s notification, making the expert committee assisting the SC on environment and forest issues, the Central Empowered Committee (CEC), a permanent body.
• Members of the CEC would be chosen by the Centre for a fixed tenure and specified functions.
• SC issued directions for the environmental bodies to get regular performance audits towards proper institutionalisation of environmental regulatory bodies and authorities.

• Environmental bodies in India as mentioned by the Supreme Court: The court listed the multitude of statutory environmental regulators and bodies that have been constituted over the years: Animal Welfare Board of India, Atomic Energy Regulatory Board, Central Pollution Control Board, State Pollution Control Boards, National Tiger Conservation Authority, Coastal Zone Management Authority, Central Groundwater Board, and National Biodiversity Authority.
• While passing orders, SC said that ‘Institutionalisation means that these bodies must work in compliance with institutional norms of efficiency, integrity, and certainty, these bodies constitute the backbone of environmental governance in our country’.

What does Institutionalisation mean?

• Institutionalisation is a process intended to regulate societal behavior (i.e., supra-individual behavior) within organizations or entire societies. 
• It is a complex process of evolving rules and procedures that is, by definition, a dynamic concept.
• At least three actions in the process can be distinguished:
• rulemaking or installment,
• rule adaptation, or developing best practices, and
• rule change or replacing old rules with new ones.

Significance of Institutionalisation of environmental bodies:

• The institutionalization of the environmental bodies will bring the following features:
• Clear demarcation of their mandate, role and authority.
• Public notification of their rules and regulations.
• Framing of a clear procedure for application, consideration and grant of permissions and consent.
• Norms for public hearings, appeals, accountability, and regular audits.

• The institutionalization of environmental bodies will ensure efficiency, integrity, and independence thus enhancing their stature and authority, which are necessary for the implementation of environmental laws. 
• As new bodies, authorities, and regulators for environmental governance emerge from time to time, their institutionalization assumes extraordinary importance.
• Effective functioning of these environmental bodies becomes imperative for the protection, restitution, and development of the ecology.

Important Past Supreme Court cases on Environmental Protection:

• Vellore Citizens Welfare Forum v. Union of India: 
  • The Supreme Court critically analyzed the relationship between environment and development.

• M. C. Mehta v. Union of India (Ganga River Pollution Case): 

• • It was observed that the water of River Ganga was highly toxic near Kanpur city- as the Tanneries in the area were discharging their untreated effluents into the River.

• • SC ordered Tanneries to set up effluent treatment plants.

• Goa Foundation v. Konkan Railways Corporation: 

• • The SC dismissed the petition against the Konkan railway project and said that the Courts are bound to consider the comparative hardship that the people in the region will suffer by stalling the project of great public utility. 

• Bombay Environmental Action Group v. State of Maharashtra:

• • The petitioner challenged the permission granted by the Central and State Government for the construction of a 500 MW Thermal Power Station at District Thane against environmental norms.

• • The petition was dismissed as the greater good requires no electricity cut in India.

• M. C. Mehta v. Union of India [Shri Ram Food and Fertilizers Case / Oleum Gas Leakage Case]: 

• • The SC decided to permit Shri Ram Food and Fertilizers Industry to restore its operations. 

• • The Court observed that although such industries are dangerous, they are essential for the country's economic and social progress.

• M. C. MEHTA v. Union Carbide Commission (Bhopal Gas Tragedy):

• Supreme Court directed the UCC to pay a sum of 470 Million U.S. Dollars, i.e. Rs. 750 crore, towards compensation to the victims for the full and final settlement in satisfaction of all past, present and future claims and the same was accepted by both parties.

Conclusion:

The emphasis on proper institutionalization of authorities and bodies dealing with enforcing the environmental rule of law further highlights the court's commitment to ensuring a robust framework for environmental protection. This development marks a positive step towards fostering sustainable environmental practices and upholding ecological integrity.