Overview

• The Supreme Court struck down the Centre's 2017 notification and 2021 office memorandum that allowed retrospective environmental clearances, deeming them illegal and arbitrary.
• The court emphasized that the right to live in a pollution-free environment is a fundamental right under Article 21 of the Constitution.
• Future ex post facto environmental clearances are barred, but those already granted under the invalidated rules will remain unaffected.
• The court criticized the Centre for using 'crafty drafting' to regularize projects that violated environmental laws without prior clearance.
• Environmental activists hailed the decision as a major step for ecological protection, though enforcement challenges and legal loopholes remain concerns.