Supreme Court bars retrospective green clearances via admin orders, leaves legal route open
UPSC / SSC current affairs note · Polity
Why in news
The Supreme Court ruled that the Centre cannot use administrative orders to grant post-facto environmental clearances for projects that started without approval. However, experts note that the judgment leaves a legal route open for such clearances in the future, sparing existing projects already cleared under the invalidated regime.
Background
Under the Environment Impact Assessment (EIA) notification of 2006, issued under the Environment (Protection) Act, 1986, large projects must obtain prior environmental clearance after detailed impact assessment and public consultation. Post-facto clearance regularizes violations after construction or operations have begun, which environmentalists argue undermines preventive environmental protection.
Key facts
Supreme Court barred the Centre from using administrative orders to grant post-facto environmental clearances.
The ruling spares projects already granted post-facto clearances, including hospitals, medical colleges, an airport, and irrigation works.
The court referred to a legal route (likely through legislation) that the Centre could still use in the future for such clearances.
Post-facto clearance reverses the sequence of prior environmental approval under the EIA notification of 2006.
Environmental NGO Vanashakti was the petitioner, arguing that post-facto clearance is fundamentally at odds with environmental protection.
The Centre had defended post-facto clearance as a realistic way to bring violators under regulatory oversight.
The judgment clarifies the terms on which governments may attempt to regularize past environmental violations in the future.
Prelims pointers
- Environment Impact Assessment (EIA) notification, 2006
- Environment (Protection) Act, 1986
- Post-facto environmental clearance
- Supreme Court of India
- Vanashakti (NGO)
Mains angles
- GS2 Polity: Role of judiciary in environmental governance and separation of powers
- GS3 Environment: Environmental impact assessment process and challenges of ex-post facto clearances
- GS2 Polity: Administrative orders vs. legislative route for regulatory actions