Supreme Court bars India from issuing new post-facto green clearances

The Supreme Court has placed a significant restraint on the Indian central government, preventing it from issuing any new post-facto environmental clearances. This order also halts the consideration of pending applications for projects that commenced construction without obtaining the mandatory prior environmental clearance.

The court's decision came while reviewing two key legal instruments: a March 14, 2017 notification and a July 7, 2021 office memorandum, both of which allowed for post-facto environmental clearances. These were challenged through a series of public interest litigations. The court invalidated the 2021 administrative order issued by the Ministry of Environment, Forest and Climate Change (MoEFCC).

However, projects that had already received post-facto environmental clearances under the 2017 notification and the 2021 order are protected. The court directed the government to process all other pending applications strictly in accordance with the Environment Protection Act. The bench, led by Chief Justice of India Surya Kant, stated that no further applications under the 2017 Notification and 2021 OM would be entertained, and the government is restrained from granting ex post facto ECs for projects that began in violation of the 2006 Notification, except through a valid notification under Section 3 of the 1986 Environment Protection Act.

Experts view this ruling as a partial but crucial correction, acknowledging that the court reinforced the principle of mandatory prior clearance against administrative dilution. Nevertheless, a statutory pathway remains open for the government to potentially legitimize past violations. This judgment follows a complex legal history, including a previous May 2025 ruling that struck down the twin notifications, which was later reviewed and set aside by a 2:1 majority in November 2025, leading to the current hearing.

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No further application for grant of ECs under the 2017 Notification and the 2021 OM shall be entertained. The Central Government is also restrained from passing administrative orders in future to grant ex post facto ECs to projects which commenced in violation of 2006 Notification, save and except by way of a valid notification in exercise of powers under section 3 of the 1986 Environment Protection Act.