SC Bans Post-Facto Green Clearance, Quashes 2021 OM
UPSC / SSC current affairs note · Polity
Why in news
The Supreme Court permanently barred the government from granting post-facto environmental clearances and quashed the 2021 Office Memorandum that allowed an indefinite window for such clearances. The ruling protects projects worth Rs 20,000 crore from demolition while mandating prior clearance under the 2006 notification.
Background
The 2006 Environmental Impact Assessment Notification under the Environment Protection Act, 1986 mandates prior environmental clearance for certain projects. In 2017, the government issued a notification allowing a limited window for post-facto clearance, which was later challenged. The 2021 OM extended this indefinitely, leading to the current judgment.
Key facts
Supreme Court permanently prohibited post-facto environmental clearance (EC) for projects.
Quashed the 2021 Office Memorandum (OM) that allowed an indefinite window for post-facto EC.
Upheld the 2017 notification as valid because it had a limited period window for projects of significant public interest.
Ruled that the 2021 OM was an open-ended administrative order creating a perpetual amnesty regime, breaching the Environment Protection Act, 1986.
Judgment operates prospectively; ECs granted under the 2017 notification and 2021 OM remain valid.
Prior EC under the 2006 notification is mandatory; no future administrative orders for post-facto EC allowed.
Pending applications for post-facto EC will be dealt with according to law; no fresh applications under 2014 notification or 2021 OM will be entertained.
Court aimed to balance the right to a pollution-free environment with the right to development.
Centre can still use powers under the Jan Vishwas Act to decriminalize violations via amnesty schemes.
Prelims pointers
- Supreme Court bench: CJI Surya Kant, Justices Joymalya Bagchi, Vipul M Pancholi
- Environment Protection Act, 1986
- 2006 Environmental Impact Assessment Notification
- 2017 notification (limited window for post-facto EC)
- 2021 Office Memorandum (quashed)
- Jan Vishwas Act (decriminalization powers)
Mains angles
- Discuss the conflict between environmental protection and developmental needs in light of the SC judgment.
- Critically examine the role of judicial review in environmental governance and the validity of executive orders.
- Analyze the implications of the judgment on infrastructure projects and the principle of sustainable development.