Lok Sabha Question No. 2446 (UNSTARRED), answered on 2025-12-15
Subject: Establishment of National Environmental Regulator
Ministry: ENVIRONMENT, FOREST AND CLIMATE CHANGE
Asked by: Shri Shyamkumar Daulat Barve

## GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA UNSTARRED QUESTION NO. 2446

TO BE ANSWERED ON 15.12.2025

## Establishment of National Environmental Regulator

## 2446.   SHRI SHYAMKUMAR DAULAT BARVE:

Will the Minister of ENVIRONMENT, FOREST AND CLIMATE CHANGE be pleased to state:

- (a) whether the Government acknowledges that the risk of regulatory capture and conflict of interest in environmental regulatory framework has increased, due to functioning of both project clearance authorities and monitoring agencies under the Ministry of Environment, Forest and Climate Change;
- (b) if so, the details of institutional reforms or restructuring the Government is considering to address this systemic problem;
- (c) whether  the  Government  is  also  considering  to  establish  a  National  Environmental Regulator  (NER),  as  recommended  by  the  Hon'ble  Supreme  Court  in  the  Lafarge judgment (2011);
- (d) if so, the details thereof including its proposed structure, jurisdiction and accountability framework;
- (e) whether  the  Government  has  conducted  an  independent  assessment  of  the  capacity, technical  expertise  and  human  resource  adequacy  of  the  State  Environment  Impact Assessment Authorities (SEIAA); and
- (f) if so, the details thereof including the deficiencies identified and the corrective measures being undertaken by the Government?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

(SHRI KIRTI VARDHAN SINGH)

(a) and (b) :  The Environment Clearances (ECs) are granted by the Ministry of Environment, Forest and Climate Change at the Central level and State level Environment Impact Assessment Authorities (SEIAAs) at the State levels, in accordance with the provisions as laid down in EIA Notification, 2006, as amended. These clearances are granted based on the recommendations of  the  Expert  Appraisal Committees (EACs) at the central level and the State level Expert Appraisal Committees (SEACs) at the state level which consist of independent Experts who are appointed after ensuring that there is no-conflict of interest while discharging their duties. The ECs are monitored by the 11 Regional Offices and 8 Sub-Regional Offices of the Ministry, and the State Pollution Control Boards, which are not directly involved in the EC granting process. Further, in order to strengthen the monitoring of compliances of the various statutory provisions, the Central Government has issued that Environment Audit Rules 2025 for creating a  third-party  cadre  of  certified  manpower,  to  undertake  on  site  verification/audit  work  for ascertaining  environmental  compliance  under  various  environmental  regulations  and  rules issued by the Central Government or any State Government.

(c) and (d): No Sir. The Government has opined that the existing institutional mechanism of appraising  projects  for  Environmental  Clearance  may  be  continued.  Alongside,  several measures to improve transparency, efficiency and enhance ease of doing business have been undertaken. The projects are granted EC based on the recommendations of the independent Expert Appraisal Committees/ State level Expert Appraisal Committees at both the Central and the State level with the help of a transparent, online web based portal namely PARIVESH [ProActive and Responsive facilitation by Interactive, Virtuous and Environmental Single-window Hub]. Further the National Green Tribunal constituted as per the provisions of the National Green Tribunal Act, 2010, acts as an independent Appellate Authority in respect of the ECs that are granted.

(e) and (f):  The Ministry has organised capacity building programs through expert agencies like ASCI (Administrative Staff College of India), Hyderabad for the SEIAA/SEAC officials. The Ministry periodically reviews the functioning of SEIAA/SEAC at the highest level for ensuring effective and efficient appraisal of Category B projects at the SEIAA/SEAC level. In addition, the officials of SEIAA/SEAC are frequently sensitized on the latest developments, best practices in the field of Environmental Impact Assessment, as also various Amendments, Notifications,  Office  Memoranda  etc.,  issued  from  time  to  time.  Further,  trainings  are  also conducted  for  the  officials  of  SEIAA/SEAC  on  the  various  features  and  modules  of  the PARIVESH portal, to enable them to efficiently discharge their duties.

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