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The Supreme Court on 29 July 2026 quashed the Centre's 2021 Office Memorandum that allowed ex-post facto (retrospective) environmental clearances.
It held that such clearances cannot be granted through an executive Office Memorandum.
The Court allowed that the government may permit them in exceptional cases and public interest, but only through a statutory notification under the Environment (Protection) Act, 1986.
An ex-post facto clearance is one given to a project after it has already begun or been built without prior approval.
The ruling was given prospective effect, so past clearances are not automatically reopened.
Normally, a project that may harm the environment must obtain prior Environmental Clearance (EC) before construction begins, following an Environmental Impact Assessment (EIA). An ex-post facto or 'retrospective' EC is granted after the project has already started or been completed without that prior approval — effectively regularising a violation.
Simple Analogy: It is like being asked to get a building permit after the house is already built — approving something only after the rule has been broken.
GS Paper III > Environment > EIA & Clearances; GS Paper II > Judiciary
General Awareness > Environment & Polity
A process to evaluate the environmental consequences of a project before it is approved
An executive instruction issued by a government department, not a statutory law