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