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Supreme Court Bars Retrospective Environmental Clearances, Citing Fundamental Right to Clean Environment

The ruling invalidates the Centre's 2017 notification and 2021 office memorandum, reinforcing constitutional obligations to protect the environment.

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Overview

  • The Supreme Court struck down measures allowing ex post facto environmental clearances, declaring them illegal and contrary to environmental laws.
  • The judgment reaffirmed the right to live in a pollution-free environment as part of the fundamental right under Article 21 of the Constitution.
  • The court criticized the Centre for attempting to shield violators of environmental norms and restrained it from granting retrospective clearances in the future.
  • Existing clearances granted under the 2017 notification and 2021 memorandum will remain undisturbed at this stage, but no further violations can be regularized.
  • Opposition leaders, including Jairam Ramesh, described the decision as a strong condemnation of the Modi government's environmental policies.