Supreme Court Bans Retrospective Environmental Clearances, Upholds 2006 Norms

In a landmark judgment, the Supreme Court of India has barred the government from granting retrospective environmental clearances to projects that began without mandatory prior approvals. The ruling, delivered on May 16, 2025, reinforces strict adherence to environmental laws and nullifies attempts to legitimize unlawful projects after their initiation.

The verdict declares that any project commenced without prior environmental clearance (EC) under the 2006 Environment Impact Assessment (EIA) Notification cannot be legalized afterward. It also strikes down subsequent government notifications, including a 2017 order and a 2021 memorandum, which had sought to bypass mandatory EC provisions.

Himalaya Niti Abhiyan Welcomes the Judgment
Himalaya Niti Abhiyan, a prominent environmental advocacy group, has hailed the Supreme Court’s decision, calling it a victory for ecological accountability. The organization had strongly opposed the 2017 and 2021 notifications, filing objections against what it termed as attempts to dilute environmental safeguards.

“We salute the Supreme Court for affirming that environmental laws cannot be relaxed to accommodate unlawful projects,” said Guman Singh, Coordinator of Himalaya Niti Abhiyan. “This judgment strengthens the principle of prior environmental clearance as mandated under the 2006 notification and ensures that ecological protection remains non-negotiable.”

Background of the Case
The Government of India’s 2017 notification and subsequent circulars had allowed projects to seek environmental clearances retrospectively, effectively regularizing violations. Environmentalists argued that this move incentivized non-compliance and undermined the EIA process. The Supreme Court’s ruling now sets a firm precedent, ensuring that projects must obtain clearances before commencement, as originally intended under the 2006 framework.

Implications of the Judgment
The decision is expected to have far-reaching consequences for industries, particularly in sectors like mining, infrastructure, and hydropower, where retrospective approvals were frequently sought. Legal experts suggest that the judgment will enforce stricter compliance with environmental norms and deter violations.

Environmental groups across the country have welcomed the verdict, viewing it as a crucial step toward safeguarding India’s natural ecosystems. The ruling reiterates that environmental protection cannot be compromised for expediency and upholds the principle of sustainable development.