05/12/2025
Dismantling the Base of Environmental Regulation
📍 Why in Focus?
In Nov 2025, the Supreme Court reversed its May 2025 ruling in CREDAI vs Vanshakti, allowing retrospective environmental clearances (ECs)—a move critics say weakens environmental safeguards.
📍 Key Highlights:
âś… Earlier ruling: projects violating EC norms could not be regularised; retrospective ECs rejected.
✅ New ruling: violations can now be validated after the fact by paying penalties—turning EC compliance into a fait accompli.
âś… Critics argue this undermines the precautionary principle, reduces accountability, and rewards non-compliance.
âś… Environmental law requires prior assessment & scrutiny; retrospective approvals dilute the legal framework built since the 1986 Environment Act.
âś… Review judgment interpreted past notifications (2017, 2021) as permitting retrospective expansion, though earlier courts viewed them as one-time exceptions.
📍 Implications:
✔️ Weakens deterrence → incentivises bypassing EC norms
✔️ Dilutes environmental governance & public trust
✔️ Undermines scientific, ecological scrutiny in project approvals
✔️ Major setback for India’s climate & sustainability commitments
âś… Mains Question:
Critically analyse how retrospective environmental clearances affect environmental governance and the precautionary principle in India.