Retrospective Environmental Clearances

Retrospective Environmental Clearances: Recently, the Supreme Court of India ruled that retrospective environmental clearances are unlawful.

o It struck down the 2021 and 2022 Office Memorandums that allowed post-facto approvals for industrial and mining projects started without mandatory clearances.

• Judicial Reasoning & Implications: Environmental Clearances (ECs) must be obtained before starting any project activity.

o Retrospective ECs legalize unauthorized projects and undermine environmental laws.

o The Court struck down the 2021 Memorandum allowing such retrospective clearances.

o Prior EC is mandatory, including proper environmental impact assessment and public consultation.

o Environmental protection cannot be compromised for economic development.

o The government must protect the environment, not shield violators.