Supreme Court's Ruling on Ex-Post Facto Environmental Clearances
The Supreme Court of India struck down a 2017 notification by the Ministry of Environment, Forest and Climate Change (MoEF&CC), which allowed projects to receive environmental clearances retrospectively, after work had begun. This decision followed multiple petitions challenging the notification and included the annulment of a related 2021 office memorandum.
Background and Rationale
- In 2017, the MoEF&CC issued a notification that provided a "one-time" six-month period for industries to apply for environmental clearance if they had started operations without prior approval.
- The notification aimed to regulate violations by integrating them into the compliance framework and ensuring violators bore the cost of remediation.
The environment clearance process is multi-staged, involving project screening, impact assessment, public hearings, and recommendations from expert appraisal committees. The ministry can either approve or reject clearances based on these recommendations.
Supreme Court's Judgment
- The court ruled that the 2017 notification and the 2021 office memorandum violated Article 21 (right to life and personal liberty) and Article 14 (equality before law) of the Constitution.
- The bench criticized the Centre for protecting entities that harmed the environment, emphasizing the constitutional mandate to ensure a healthy environment.
- The court asserted that even a one-time clearance measure infringed on the right to a pollution-free environment.
- The ruling referenced past judgments, including "Common Cause v. Union of India (2017)" and "Alembic Pharmaceuticals v. Rohit Prajapati (2020)", which rejected ex-post facto clearances.
Impact and Future Directions
- The Supreme Court ordered the government not to issue similar future notifications or office orders for regularizing projects without prior clearance.
- The judgment underscores the importance of adhering to environmental protocols and the potential legal consequences of bypassing established procedures.