‘Damning indictment of government’: Congress on Supreme Court barring granting of retrospective environmental clearances

Congress lauds Supreme Court’s decision striking down the measures enabling the grant of ex-post facto environmental clearances; calls it a “damning indictment” of the Modi government.

Congress leader Jairam Ramesh on Monday (May 19, 2025) hailed the Supreme Court decision striking down the measures enabling the grant of ex-post facto environmental clearances and said it was a "damning indictment" of the Modi government whose domestic walk is completely at variance with its global talk on environmental protection.

The Supreme Court last Friday (May 16, 2025) said the right to live in a pollution free atmosphere was a part of the fundamental right as it struck down the Centre’s office memorandum allowing ex post facto or retrospective environmental clearances to projects in violation of norms.

A Bench comprising Justices Abhay S. Oka and Ujjal Bhuyan made scathing remarks in its judgement delivered on a plea filed by Vanashakti organisation and said, “The Union Government, as much as individual citizens, has a constitutional obligation to protect the environment.”

Former Environment Minister Mr. Ramesh hailed the judgement which he claimed was a “damning indictment” of the Modi government.

“In a landmark decision reaffirming the principles and practices of sustainable development, the Hon’ble Supreme Court on May 16, 2025 struck down the Modi Government’s measures enabling the grant of ex-post facto environmental clearances. It declared such clearances illogical and illegal,” Mr. Ramesh said.

The Supreme Court held that the 2017 notification issued by the Modi government had the sole purpose of shielding violators who knowingly did not secure the mandatory requirement of prior environmental clearance under the Environment (Protection) Act, 1986, he said.

“It further ruled that the 2017 Notification and the 2021 Office Memorandum jointly violated binding precedents, encouraged polluters, and legitimised the degradation of air and water quality—blatantly infringing upon the fundamental right to a clean environment guaranteed under Article 21 of the Constitution,” Mr. Ramesh said.