In a watershed moment for India’s environmental rule of law, the Supreme Court in May 2025 declared that ex post facto environmental clearances—permissions granted after a project has already begun construction or operation—were illegal, holding that such retrospective approvals violate the precautionary principle, dilute the Environmental Impact Assessment (EIA) regime, and reward those who bypass statutory safeguards under the Environment (Protection) Act, 1986.
The judgment struck down government mechanisms created through notifications and office memorandums that had regularised past violations, warning that allowing industries to “pollute first and seek permission later” fundamentally erodes Article 21’s guarantee of a clean and healthy environment. However, in November 2025, the Court recalled the earlier ruling, noting that a complete prohibition could disrupt ongoing public projects and required reconsideration of earlier precedents.
With this recall, the debate over retrospective clearances re-opened, placing India at a critical crossroads: whether environmental governance will remain preventive and rights-based, or shift towards post-violation regularisation driven by administrative and economic pressures.