Supreme Court Debates Retroactive Environmental Clearances
The Supreme Court is deliberating the reconstitution of a bench to re-evaluate retrospective environmental clearances granted to projects that violated norms. Initially barred in May 2025, a majority decision in November 2025 allowed them, sparking calls for fresh hearings due to concerns over environmental law principles.
- Country:
- India
The Supreme Court is reconsidering the issue of granting retrospective environmental clearances to projects found in violation of norms. A significant decision in November 2025 permitted the regularization of such projects, which drew criticism for contradicting environmental laws.
Initially, a May 2025 ruling prevented the Ministry of Environment from allowing such retroactive clearances. However, a November 2025 verdict, led by then-Chief Justice B R Gavai, overturned this, emphasizing financial implications if projects were left unapproved.
A lawyer recently requested a new three-judge bench to revisit the matter, reflecting ongoing debates over balancing legal precedents and environmental protection.
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