Sustainable development: Retrospective clearances threaten rule of law

This concern is particularly relevant today, when prolonged air pollution episodes, groundwater depletion, deforestation, and climate impacts already impose enormous health and economic costs

The Supreme Court’s recall of its May 2025 ruling this week could reopen the door for retrospective environmental clearances (ECs) and marks a significant milestone in India’s environmental regulation. In earlier cases, such as Common Cause vs Union of India, it was made clear that a prior EC was mandatory. In Vanashakti vs Union of India, the court again ruled out post-facto ECs. Now, the Bench led by Chief Justice of India B R Gavai has recalled that decision, noting that the earlier order risked causing large financial losses, derailing major public projects, and creating uncertainty among developers.