IndiaIndia's Supreme Court recently ruled against the 2021 executive order that allowed post-facto environmental clearances for development projects, reaffirming the need for prior environmental clearance as mandated by the Environment Protection Act of 1986. The court upheld a 2017 notification that permitted limited exceptions for projects that had already started construction, provided they applied within six months. However, the 2021 order, being an executive directive rather than a formal notification, was deemed invalid. The ruling emphasized that modifications to the Environmental Impact Assessment (EIA) regime must follow legal procedures, not administrative orders. Projects already approved under either the 2017 notification or the 2021 order remain unaffected, but new applications for retroactive clearances are now prohibited. The decision was prompted by an NGO, Vanashakti, which challenged the legality of the 2021 order.
Bias read (Center): The article provides a balanced overview of the legal proceedings and does not exhibit overtly biased language or selective sourcing. It explains both the background of the issue and the court's reasoning without taking a stance on the merits of the arguments presented.
