The Supreme Court quashes a 2021 Office Memorandum that had allowed the Centre and other authorities to grant retrospective environmental clearances (ex post facto clearances). The court holds that such retrospective approvals, made through administrative orders, cannot dilute environmental safeguards established under applicable law.
While striking down the 2021 memorandum, the Bench also clarifies the Centre’s ability to act in exceptional circumstances. It says the Centre may introduce a limited, time-bound amnesty scheme only in the larger public interest. The court requires that any such amnesty be introduced through a valid statutory notification, rather than by administrative discretion that undermines regulatory standards.
Together, the rulings emphasize that environmental clearances must follow the legally prescribed framework. At the same time, they recognize that, in narrowly defined exceptional situations, the government can provide a structured, time-limited route to address specific past non-compliance—so long as it does so through proper statutory authority and within defined limits.
