SC to take a fresh look at pleas on ex post facto eco clearance regime, Pg12

Key Highlights:

• The Supreme Court will re-examine petitions regarding ex post facto environmental clearances for construction and public projects.
• A three-judge Bench, led by CJI Surya Kant, scheduled a detailed hearing for February 25.
• A previous Supreme Court Division Bench had deemed retrospective ECs illegal in a May 16, 2025 judgment.
• This judgment was recalled in November 2025 by a three-judge Bench, citing potential economic devastation to projects.

Detailed Insights:

• The core issue revolves around the validity of Office Memorandums (OMs) of 2017 and 2021, which provided the basis for ex post facto environmental clearances.
• The November 2025 majority opinion recalled the earlier judgment but did not explicitly rule on the validity of these OMs.
• Dissenting Justice Ujjal Bhuyan criticized the majority for overlooking fundamental principles of environmental jurisprudence.
• The Solicitor General argued that the May 2025 judgment halted significant public projects, including an airport in Karnataka and a ₹218-crore cancer hospital project.

Key Concepts Involved:

• Ex post facto environmental clearance: Granting environmental approval to projects after they have commenced or are already completed.
• Environmental jurisprudence: The philosophical and legal basis for environmental law and policy.
• Office Memorandum (OM): A communication issued by a government department clarifying or providing instructions on existing policies.