New Delhi: Congress leader and former Union environment minister Jairam Ramesh has moved the Supreme Court challenging the controversial practice of granting ex-post facto environmental clearances.
This move is to target government policies allowing projects to receive environmental clearances retrospectively, after operations have begun. Ramesh deems this a violation of constitutional safeguards.
The petition comes amid ongoing debates following the Supreme Court’s landmark May 2025 ruling that struck down prior notifications enabling such clearances, labeling them “alien to environmental jurisprudence.” Ramesh argues that recent instances suggest consistent circumvention, undermining the EIA Notification 2006’s mandate for prior assessments to protect Article 21 rights to a clean environment.
It may be mentioned that ex-post facto clearances originated from 2021-2022 ministry of environment orders, stayed by the court in 2024 and invalidated in 2025 via petitions like Vanashakti’s. The May 16, 2025, verdict stressed on the precautionary principle, rejecting post-facto regularization as it encourages violations by polluters. Ramesh has long criticized these as “atrocious.”
Ramesh’s plea highlights procedural lapses in recent clearances, such as inadequate public hearings and ignored ecological impacts, in cases like Chhattisgarh coal mines linked to Adani Group. He contends that penalties and remediation cannot justify bypassing prior scrutiny, reinforcing sustainable development over economic haste.
Legal experts view this as strengthening enforcement, compelling the ministry to eliminate loopholes. The petition seeks directions for stricter pre-clearance protocols nationwide.
