Supreme Court Strikes Down Ex-Post Facto Environmental Clearances As Unconstitutional

The Supreme Court of India, in a landmark ruling on May 16, 2025, struck down measures introduced by the Centre that allowed ex-post facto environmental clearances, calling them unconstitutional and contrary to environmental law. Ex-post facto environmental clearance refers to the retrospective granting of approval to a project after it has already begun construction or operation—without securing prior environmental clearance as mandated by law.

The decision came in response to a plea filed by environmental NGO Vanashakti. According to The Hindu, the court declared the 2021 Office Memorandum (OM) and related circulars as arbitrary, illegal, and violative of the Environment (Protection) Act, 1986, and the Environmental Impact Assessment (EIA) Notification, 2006.

A bench of Justices Abhay S. Oka and Ujjal Bhuyan said the Union Government had a constitutional obligation to protect the environment just like individual citizens. It criticised the Centre’s attempt to introduce retrospective legalisation for environmental violations, stating that such efforts were “completely prohibited under the law.” The court noted that although the term “ex-post facto” was avoided, the language of the OM effectively allowed for it, thereby undermining legal safeguards.

According to PTI, the court observed that the 2017 notification and the 2021 OM jointly violated binding legal precedents and encouraged polluters. The justices remarked, “It is not possible to understand why the Central Government made efforts to protect those who committed illegality by not obtaining prior EC in terms of the EIA notification.”

Former environment minister and Congress leader Jairam Ramesh hailed the ruling and described it as a “damning indictment” of the Modi government’s environmental record. “In a landmark decision reaffirming the principles and practices of sustainable development, the Hon’ble Supreme Court struck down the Modi Government’s measures enabling the grant of ex-post facto environmental clearances. It declared such clearances illogical and illegal,” Ramesh said in a statement quoted by PTI.

He further asserted that the government’s domestic policies were at odds with its international commitments. “The Modi government’s domestic walk is completely at variance with its global talk on environmental protection,” Ramesh wrote on X (formerly Twitter). According to The Hindu, he also emphasised that the judgment reinforced the fundamental right to a clean environment under Article 21 of the Constitution.

The apex court’s verdict has been widely welcomed by environmental advocates, with many calling it a decisive step toward holding violators accountable and upholding the legal sanctity of India’s environmental regulations.