Context:
The Supreme Court of India is revisiting the definition and regulatory framework governing the Aravalli Hills, amid concerns that recent “strategic exemptions” for critical mineral mining may dilute environmental safeguards. The controversy highlights tensions between ecological protection, climate commitments, and economic-strategic priorities.
Key Highlights:
• Judicial Developments
-
Supreme Court re-examined the definition of Aravalli Hills based on elevation and geographical continuity.
-
Introduction of a “strategic exemption” permitting mining of critical minerals in certain cases.
-
Concerns over fragmented enforcement due to definitional ambiguities.
• Regulatory and Policy Context
-
Increasing use of executive discretion in environmental clearances.
-
Debate over ex post facto environmental clearances, creating legal uncertainty.
-
Forest (Conservation) Amendment Act, 2023 widened exemptions for specific categories of projects in forest areas.
• Environmental Concerns
-
Environmental groups warn of weakened protection against illegal mining and land degradation.
-
Lack of clarity in defining “strategic considerations.”
-
Absence of robust cumulative impact assessments.
• Strategic and Economic Dimensions
-
Aravalli region contains critical minerals essential for:
-
Renewable energy technologies
-
Electric vehicles
-
Energy storage systems
-
-
Mining justified as necessary for green energy transition and national security.
• Ecological Importance of Aravallis
-
Among the oldest fold mountain ranges in the world.
-
Act as a natural barrier against desertification from the Thar Desert.
-
Crucial for groundwater recharge and biodiversity conservation.
-
Linked to India’s commitments under Sustainable Development Goals (SDGs).
Relevant Prelims Points:
-
Aravalli Hills
-
Stretch across Gujarat, Rajasthan, Haryana, and Delhi.
-
Highest peak: Guru Shikhar (Rajasthan).
-
Act as ecological barrier preventing eastward spread of desertification.
-
-
Strategic Exemption
-
Regulatory relaxation granted for projects deemed vital for national security or strategic interests.
-
May override standard environmental safeguards.
-
-
Environmental Impact Assessment (EIA)
-
Mandated under Environment (Protection) Act, 1986.
-
Assesses environmental consequences before project approval.
-
-
Ex Post Facto Clearance
-
Approval granted after project commencement.
-
Generally inconsistent with precautionary principle in environmental law.
-
-
Forest (Conservation) Amendment Act, 2023
-
Expands exemptions for certain infrastructure and strategic projects.
-
Alters scope of forest land requiring central approval.
-
-
Critical Minerals
-
Essential for clean energy technologies and advanced manufacturing.
-
Include lithium, cobalt, rare earth elements, etc.
-
Relevant Mains Points:
• Environmental Governance vs. Ease of Doing Business (GS II & III)
-
Growing trend of regulatory dilution in name of economic growth and strategic autonomy.
-
Raises concerns about transparency, accountability, and public consultation.
-
Executive-led exemptions risk bypassing democratic scrutiny.
• Conflict Between Climate Commitments and Extractive Policies (GS III)
-
Green energy transition requires critical minerals.
-
However, mining in fragile ecosystems undermines climate resilience and biodiversity goals.
-
Contradiction between sustainable development rhetoric and extractive expansion.
• Legal and Constitutional Dimensions
-
Article 21: Right to life includes right to a healthy environment.
-
Application of precautionary principle and polluter pays principle.
-
Judicial review as safeguard against arbitrary executive action.
• Ecological Significance of Aravallis
-
Prevent desertification in north-west India.
-
Support wildlife corridors and water security.
-
Degradation could worsen air pollution and groundwater depletion in NCR.
• Institutional Gaps Identified
-
No binding test to define “strategic considerations.”
-
Inadequate cumulative environmental impact assessment.
-
Weak monitoring and enforcement mechanisms against illegal mining.
• Way Forward
-
Establish a clear, legally binding framework defining strategic exemptions.
-
Mandatory cumulative impact and climate risk assessments.
-
Greater transparency in EIA processes, including public disclosure of rejected alternatives.
-
Strengthen independent environmental regulatory bodies.
-
Balance mineral security with ecological restoration and compensatory afforestation measures.
UPSC Relevance (GS-wise):
-
GS II – Governance: Environmental regulation, judicial review, transparency in decision-making.
-
GS III – Environment & Economy: Sustainable development, mining policy, climate commitments, biodiversity conservation.
-
Prelims: Aravalli range, EIA, Forest (Conservation) Amendment Act 2023, strategic exemptions, critical minerals.