SC Strikes Down Post-Facto Environmental Clearances

On 16th May 2025, the Supreme Court invalidated the Centre’s 2017 and 2021 moves allowing ex-post facto environmental clearances.

Key Points

Ruling: A bench of Justices declared the 2017 notification and 2021 Office Memorandum (OM) illegal, banning any future government attempt to regularise projects that violate the 2006 EIA rules.
Why It Matters: These provisions had allowed projects to start without prior environmental clearance and apply later—a move the court said violates Article 21 (right to life) of the Constitution.
Court's Stand: Granting post-facto ECs protects “gross illegality” and “violators who acted with full knowledge,” the court said, warning that environmental laws must be strictly enforced.
On Development: The court questioned the idea of development at the cost of environmental degradation, calling it “antithetical” to constitutional duties and rights.
Impact on Past ECs: Projects already granted clearance under these now-struck provisions will remain unaffected.