Supreme Court’s Recall of Environmental Clearance Ruling

The Supreme Court of India's recall of its May 2025 ruling marks a significant moment in the country's environmental regulation landscape. This decision potentially allows for retrospective environmental clearances (ECs) and deviates from earlier judgments that mandated prior ECs as essential.

Key Concerns

• Constitutional Foundations:
  The right to clean air and a pollution-free environment is a fundamental right, underscored by the court itself. Ex post-facto clearances challenge this by undermining the precautionary principle.
• Legal Framework:
  • 2006 EIA Notification mandates prior ECs, making retrospective approvals legally questionable.
  • MoEFCC granted over 500 clearances in 2024, highlighting the need for rigorous environmental scrutiny.
• Judicial Dissent:
  Justice Ujjal Bhuyan noted post-facto clearances contradict the law requiring prior approval and that potential pollution from demolition doesn't justify non-compliance.

Way Forward

• Enforcement of Prior ECs:
  Strict adherence to obtaining ECs before starting projects is crucial for effective environmental regulation.
• Administrative Improvements:
  • Utilize platforms like PARIVESH for speeding up EC processing.
  • Enhance public hearings and expert appraisal committees to prevent delays.
• Transparency and Monitoring:
  Improve transparency by focusing on real-time monitoring and mandatory public disclosure of project details.
• Penalties for Violators:
  Impose penalties under the "polluter pays" principle to deter future violations and compensate for ecological damage.

The ongoing hearings offer hope for reaffirming the importance of environmental protection while ensuring sustainable development, which respects citizens' rights and India's environmental future.