New Delhi: It’s not everyday that the Supreme Court recalls its verdict.
On Tuesday, the country’s top court set aside its previous judgment that barred the Centre from granting retrospective environmental clearances, thereby restoring the government’s power to issue retroactive approvals for projects that violated green norms.
The last notable example of Supreme Court recalling its verdict was in 2019 — the SC/ST Prevention of Atrocities Act (2019). A three-judge bench withdrew a 2018 verdict that had diluted provisions of the SC/ST Act.
Popularly called the Vanashakti judgment, the earlier order was passed by a bench of Justice A S Oka (now retired) and Justice Ujjal Bhuyan on May 16.
It said that backdated clearances were impermissible, as the right to live in a pollution-free environment is part of fundamental right to life. The apex court also struck down retrospective approvals granted to a number of companies, saying that the practice was inconsistent with environmental law.
However, a three-judge bench overturned that decision in a split verdict.
All three judges gave a separate opinion on nearly 40 review and modification petitions filed against the Vanshakti judgment.
Chief Justice BR Gavai and Justice K Vinod Chandran agreed to recall the verdict, but Justice Bhuyan dissented as he maintained that there is no concept of granting retrospective environmental clearances to projects that breach green norms.
“Public projects of Rs 20,000 crore will have to be demolished if the clearance is not reviewed. In my judgment, I have allowed the recall. My judgment has been criticised by my brother Justice Bhuyan,” CJI Gavai said.
The CJI said that there is “no concept of ex-post facto environmental clearance in environmental law,” and described the idea as “an anathema, a curse devoted to evil, to environmental jurisprudence.”
The Chief Justice, added that the court had found that both the 2013 notification and 2021 Office Memorandum provided a framework for granting environmental clearance upon the imposition of heavy penalties.
Several senior advocates, including Kapil Sibal, Mukul Rohatgi and Solicitor General Tushar Mehta, urged the top court to reconsider or modify the May 16 ruling during the hearings. They cited severe consequences for major industrial, mining and infrastructure projects, with several ongoing and completed projects risking closure or demolition under the earlier verdict.
Senior advocates Gopal Sankaranarayanan, Sanjay Parikh and Anand Grover opposed the review/modification petitions, arguing that “lawlessness” should not be legitimised by allowing environmental violators to obtain approvals retroactively.
Congress ‘disappointed’
The Congress wasn’t amused by the Supreme Court verdict, with senior party leader Jairam Ramesh terming it ‘most disappointing.’
“It is most disappointing that the outgoing Chief Justice of India has opened a door for a review of the May 16, 2025, judgment of the two-judge bench of the Supreme Court that had barred retrospective environmental approvals,” Ramesh posted on X.
Ramesh said retrospective environmental clearances are sought deliberately by companies that are well aware of the laws but still violate those knowingly with a ‘baadme dekha jayega’ (can be dealt with later) attitude. “There are numerous examples of this approach. Retrospective approvals are bad in law and make a mockery of governance,” Ramesh added.