Now Reading: Supreme Court quashes post-facto green clearance order
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Supreme Court quashes post-facto green clearance order
The Supreme Court on July 29 struck down the 2021 executive order that allowed post-facto environmental clearances for projects that started without prior approval. The three-judge bench held the office memorandum unconstitutional,…
The Story in Brief
The Supreme Court on July 29 struck down the 2021 executive order that allowed post-facto environmental clearances for projects that started without prior approval. The three-judge bench held the office memorandum unconstitutional, but said the Centre can issue statutory amnesty schemes under the Environment Protection Act, 1986. Existing clearances granted under both the 2017 and 2021 schemes remain valid.
Environmental groups called the ruling a dilution of environmental law, while the court noted the OM equated compliant and defiant projects. The judgment prospectively ends the post-facto clearance regime, but opens a statutory route for regularisation. Activists argue this could encourage lawlessness unless strictly limited.
The Indian Opinion
Environmentalists call this a dilution, industry groups see a relief, but neither is fully right. The court struck down the 2021 order that made regularisation routine, yet left the Centre free to craft statutory amnesty under the EPA. The real test is whether any new notification sets narrow, time-bound exceptions or becomes a permanent backdoor. Watch what the government files next and whether it imposes strict conditions beyond penalties.
Sources (2): india.mongabay.com, hindustantimes.com
This story was synthesised by AI from the 2 sources linked above.
Updated: this story now draws on 2 sources.
