Supreme Court Mandates Statutory Notification for Post-Facto Environmental Clearances
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The Supreme Court has struck down an office memorandum allowing ex-post-facto environmental clearances, ruling that such deviations from established environmental norms must be enacted through formal statutory processes to ensure transparency.
In a significant judicial intervention, the Supreme Court has quashed a 2021 office memorandum that permitted the granting of 'ex-post-facto' (post-facto) environmental clearances for infrastructure projects. The Court’s ruling underscores the primacy of the rule of law over administrative convenience, asserting that environmental protection standards cannot be diluted through executive orders that bypass established legislative frameworks.
The practice of granting post-facto clearances—where projects are allowed to operate after violating environmental norms, provided they seek retrospective approval—has long been criticized by environmentalists as a 'fait accompli' approach. Critics argue that this undermines the Environmental Impact Assessment (EIA) process, which is designed to be a preventive mechanism rather than a curative one. By allowing projects to proceed without prior scrutiny, the executive effectively renders the precautionary principle—a cornerstone of environmental jurisprudence—nugatory.
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