SC Restores Ex-Post Facto Environmental Clearances
In News
What Happened
Why It Matters
Background
History & Context
What Changed
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BEFORE: The May 2025 judgment completely invalidated the 2017 Notification and 2021 OM, meaning unapproved projects faced imminent closure without any avenue for regularization. NOW: These notifications are restored, allowing unapproved projects to seek clearance by paying strict environmental damage penalties.
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BEFORE: The previous ruling treated all projects operating without prior clearance as irremediable violations of the EIA 2006 framework. NOW: The Court applied the principle of proportionality, allowing procedural curing for projects that are ecologically viable but lacked prior paperwork.
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BEFORE: The May 2025 'Vanashakti' judgment stood as binding precedent. NOW: That judgment is declared 'per incuriam' (ignored relevant statutory provisions and past precedents allowing exceptional clearances), stripping it of its precedent value.
Prelims Angle
NCERT Connection
Practice Questions
Q1
Correct Statement(s)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.