Which of the following statements is/are correct regarding the concept of 'per incuriam' and Environmental Clearances in India? 1. A judgment delivered 'per incuriam' means it was given in ignorance of the terms of a statute or a binding precedent. 2. Under the current judicial interpretation of the Environment (Protection) Act of 1986, retrospective (ex-post facto) environmental clearances are strictly prohibited under all circumstances.

Question

Accepted Answer

A. 1 only — Statement 1 is correct; 'per incuriam' literally translates to 'through lack of care' and refers to judgments made ignoring relevant laws or precedents. Statement 2 is incorrect; the November 2025 Supreme Court ruling restored notifications allowing ex-post facto clearances in exceptional cases subject to strict penalties, meaning they are not prohibited under all circumstances.

SC Restores Ex-Post Facto Environmental Clearances

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