Supreme Court Debates Retrospective Environmental Clearances Amid Legal Challenges

The Supreme Court reconvened on Wednesday to deliberate on pleas concerning the issuance of retrospective environmental clearances for projects found to be in breach of norms, contingent upon substantial financial penalties. Last year, a bench led by then-Chief Justice of India, B.R. Gavai, reversed its prior decision by allowing such clearances, citing potential financial losses amounting to thousands of crores.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi heard arguments from a range of lawyers, including senior advocates Gopal Sankaranarayanan and Sanjay Parikh, who contest the legitimacy of granting retrospective environmental clearances. They argue that the practice lacks statutory backing and presents constitutional challenges under Article 21.

Shankarnarayan highlighted flaws in the existing legal frameworks, emphasizing the expiration of pertinent regulations in 2018, while Parikh stressed that post-facto clearances contradict fundamental environmental laws. The bench indicated its intention to issue a comprehensive judgement, while the Centre, represented by Additional Solicitor General Aishwarya Bhati, expressed readiness for final arguments.