Why in the News?
A three judge Bench of the Supreme Court of India has decided to take a fresh look at writ petitions and appeals concerning the ex post facto environmental clearance regime for construction and public projects. The matter has been scheduled for detailed hearing on February 25, 2026.
What is Ex Post Facto Environmental Clearance?
- “Ex post facto” means after the event.
- It refers to granting environmental clearance EC after a project has already commenced or been completed, instead of prior approval.
- Under Indian environmental law, prior EC is generally mandatory before starting certain categories of projects.
Background of the Case
-
May 16, 2025 Judgment
- A Division Bench of the Supreme Court:
- Struck down the Centre’s ex post facto EC regime.
- Termed it a “gross illegality”.
- Held retrospective clearances contrary to environmental jurisprudence.
-
November 2025 Judgment
-
- A three judge Bench recalled the May 2025 judgment.
- Majority held continued operation would cause economic disruption.
- Cited impact on projects involving thousands of crores of investment.
- Restored the petitions to file without conclusively deciding validity of Office Memorandums.
- One judge recorded a dissent, stating that environmental principles were overlooked.
Legal Issues Involved
- Validity of Office Memorandums of 2017 and 2021 allowing post facto regularisation.
- Whether retrospective EC violates principles of sustainable development.
- Whether such clearances defeat precautionary principle.
- Balancing environmental protection with economic development.
Relevant Legal Framework
- Environment Protection Act 1986.
- EIA Notification 2006 requiring prior environmental clearance.
- Constitutional basis:
- Article 21 right to life includes right to healthy environment.
- Article 48A directive principle on environmental protection.
- Article 51A g fundamental duty to protect environment.
| [2012] The National Green Tribunal Act, 2010 was enacted in consonance with which of the following provisions of the Constitution of India?Â
1. Right to healthy environment, construed as a part of Right to life under Article 21. 2. Provision of grants for raising the level of administration in the Scheduled Areas for the welfare of Scheduled Tribes under Article 275 (1). 3. Powers and functions of Gram Sabha as mentioned under Article 243(A). Select the correct answer using the code given below: (a) 1 Only (b) 2 and 3 Only (c) 1 and 3 only (d) 1, 2 and 3 |
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