The Supreme Court’s recall of its May 2025 ruling may allow retrospective environmental clearances again
This shifts the debate on how far practical concerns can influence environmental regulation
The right to clean air and a healthy environment is fundamental
Post-facto clearances dilute the precautionary principle and risk turning environmental review into a formality rather than a safeguard
The 2006 EIA Notification mandates prior ECs
With over 500 clearances issued in 2024, weakening this system could normalise violations by projects that begin work without permits or accurate disclosures
Justice Ujjal Bhuyan argued that post-facto clearances conflict with settled law
He noted that pollution concerns cannot justify violations arising from construction started without required permissions
Environmental approvals must remain strictly prior to construction
Faster EC processing, better expert committees and timely public hearings can reduce delays that push developers towards shortcuts
Stronger disclosure, real-time monitoring and penalties under the polluter-pays principle are essential
As the case proceeds, clarity is needed to reaffirm that sustainable development is a legal obligation