1. A Dismantling of the Base: Supreme Court’s Retreat on Environmental Governance
Syllabus
- GS-3: Environment: Conservation, environmental pollution and degradation, environmental impact assessment.
- GS-2: Governance: Important aspects of governance, transparency and accountability.
Context
The editorial on December 4, 2025, sharply criticised the Supreme Court’s majority decision in the CREDAI vs. Vanashakti review judgement (November 18, 2025), which allowed ex post facto Environmental Clearances (EC) for projects that had commenced without prior approval. This ruling, a retreat from the stricter principle set in earlier judgments, was viewed as a dismantling of the base of environmental regulation and a dangerous blow to the established jurisprudence of the ‘Polluter Pays’ and ‘Precautionary’ principles.
Main Body in Multi-Dimensional Analysis
The Erosion of Environmental Jurisprudence
- Dilution of ‘Precautionary Principle’: The concept of Environmental Clearance (EC) is founded on the Precautionary Principle—that potential harm must be prevented before it occurs. By allowing post-facto ECs, the Court essentially legitimises the process of ‘start now, clear later,’ which undermines the mandatory nature of environmental scrutiny. As Justice Bhuyan’s powerful dissent noted, this makes compliance a choice rather than an obligation.
- The Circular Logic: The majority reasoning suggested that imposing heavy fines for a violation can “regularise” the project. The editorial argued this logic is circular and flawed: if a fine is the only penalty, then compliance simply loses its binding force, and developers will see the fine as a cost of doing business rather than a deterrent. It incentivises non-compliance.
- Impact on Accountability: The ruling weakens the Environmental Protection Act, 1986, and the entire regulatory framework. It signals to project proponents that they can bypass meaningful scrutiny, confident that a post-facto validation will replace rigorous, prior assessment of environmental impact.
Geopolitical and Climate Risk Implications
- Escalating Climate Risk: At a time when India is facing intensifying consequences of climate change—unprecedented floods, heatwaves, and biodiversity loss—the regulatory tools designed to mitigate environmental destruction are being systematically weakened. The judicial stance stands in direct contradiction to the country’s stated climate goals and international commitments.
- Biodiversity and Habitat Loss: Environmental laws exist to protect fragile ecosystems. Allowing projects to proceed without prior assessment means that irreversible damage to forests, wetlands, and coastal zones often occurs before regulatory intervention, making the ‘clearance’ a mere formality.
- Transparency and Governance: The decision adds to the perceived trend of policy dilution and regulatory weakening over the last decade, raising questions about transparency and accountability in India’s environmental governance structure.
Way Forward
- Legislative Intervention: The Parliament must consider amending the Environmental Protection Act to explicitly prohibit ex post facto environmental clearances for all projects, reaffirming the supremacy of the Precautionary Principle.
- Review Mechanism: The Supreme Court needs to revisit this judgement quickly or use its inherent powers to ensure that the logic of the majority ruling does not become the new legal benchmark.
- Institutional Strengthening: Regulatory bodies like the Ministry of Environment, Forest and Climate Change (MoEFCC) and State-level bodies must be empowered with adequate technical staff and autonomy to enforce pre-clearance compliance stringently.
2. A Missing Link: The Urgency of Critical Mineral Processing in India
Syllabus
- GS-3: Indian Economy: Investment models; Infrastructure; Science and Technology.
- GS-3: Security: External security challenges; Geopolitics of critical resources.
Context
This editorial, drawing on a study by the Council on Energy, Environment and Water (CEEW), highlighted a critical missing link in India’s strategy for Critical Minerals (CMs): the severe inadequacy in refining and processing capacity. While India has identified and mines seven critical minerals (e.g., copper, graphite, rare earths, tin) essential for the clean energy transition and defence industries, the absence of midstream processing capabilities makes India vulnerable to global supply chain shocks and undermines its geopolitical and economic autonomy.
Main Body in Multi-Dimensional Analysis
Economic and Geopolitical Vulnerability
- The Midstream Chokepoint: Global power in the critical mineral supply chain has shifted from upstream (mining) to the midstream (refining and processing). The editorial argued that control over refining capacity, rather than just mineral reserves, determines economic security and geopolitical leverage. For example, the rare earth magnets essential for electric vehicles (EVs) and wind turbines require highly complex, specialized processing.
- Dependence on Geopolitical Rivals: Due to insufficient domestic capacity, India relies heavily on imports of refined CMs, particularly from countries with whom it has complex geopolitical relationships, creating a supply chain chokepoint and a major threat to its strategic autonomy.
- Global Precedents: The editorial pointed to partnerships like the U.S.–Japan and U.S.–Australia critical mineral alliances, which directly link financial incentives to domestic refining and processing, offering a template for India’s policy.
Five Strategic Pathways for Processing Capacity
The analysis outlined specific pathways, aligning with the National Critical Minerals Mission (NCMM), to address this gap:
- Applied Innovation Hubs: Transforming existing Centres of Excellence into practical hubs for applied innovation in advanced metallurgy.
- Secondary Resources: Mobilising secondary resources (mining CMs from industrial and electronic waste). Pilot projects have shown viability, and incentives for embedded recovery units in proposed Critical Minerals Processing Parks are necessary.
- Skilled Workforce: Leveraging the NCMM’s skilling allocation to develop a large, modern workforce in advanced refining technologies.
- Demand Assurance: De-risking private investment in capital-intensive refineries through demand assurance mechanisms and market-shaping tools from the government.
- Linking Diplomacy: Explicitly linking mineral diplomacy (securing international mining rights) with the domestic processing strength to create a synergistic, integrated supply chain strategy.
Way Forward
- Targeted Incentives: The government’s new ₹7,280 crore rare-earth magnet scheme is a positive step, but similar Production-Linked Incentive (PLI) schemes must be rolled out for refining other core CMs.
- Data-Driven Policy: There is a need for clearer benchmarks and timelines for achieving domestic processing capacity targets for each critical mineral.
- Inter-Ministerial Coordination: A high-level, empowered Inter-Ministerial Steering Committee must be established to ensure coordination between the Ministry of Mines, Ministry of Electronics, and Ministry of Heavy Industries for an integrated approach
