SC restricts 'retrospective' environmental clearances, quashes 2021 OM
The Supreme Court quashed a 2021 Office Memorandum (OM) that granted ex post facto environmental clearances to infrastructure projects, stating that the Union government cannot alter protective environmental checks through administrative instructions. The court emphasized that an 'amnesty' measure should be a rare exception, finite in duration, and confined to its class, not a perpetual parallel route. It upheld the power for amnesty schemes but through proper notifications, not administrative orders, to avoid supplanting delegated legislation like the 2006 notification. The ruling has prospective effect, not affecting ongoing projects or past clearances unless individually challenged.
Key Points
- The Supreme Court quashed the 2021 Office Memorandum (OM) that allowed ex post facto environmental clearances for infrastructure projects.
- The court ruled that the Union government cannot substantially alter environmental checks via administrative instructions, requiring proper notifications for such changes.
- An 'amnesty' measure for environmental clearance must be a rare exception, finite, and class-confined, not a perpetual parallel route.
- The judgment has prospective effect, meaning it does not invalidate past clearances or ongoing projects unless individually challenged.
Exam Facts
- Supreme Court quashed the 2021 Office Memorandum (OM).
- The ruling upholds the 2006 notification of the Environment Ministry regarding prior EC regime.
- The judgment was authored by Justice Joymalya Bagchi.
- The court can still grant ex post facto clearances under its plenary powers (Article 142 of the Constitution).
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