November 20, 2025
Supreme Court Reversed Post-Facto Environmental Clearance Ban
The one legal safeguard that stopped projects from bulldozing forests first and asking permission later is now gone
What's happening?
- In May 2025, the Supreme Court ruled that retrospective (post-facto) environmental clearances — approvals granted after a project has already started without prior clearance — were illegal and unconstitutional.
- In November 2025, a three-judge bench, by 2:1 majority, recalled the May judgment, effectively permitting post-facto clearances again.
Why should you care?
- Infrastructure projects routinely begin without prior environmental clearance. Once partially built, abandoning the project becomes economically unjustifiable, so post-facto clearances often end up legalizing projects that should never have been approved.
- The May ruling was a deterrent against this practice. Revoking it means projects can start without clearance, knowing they can get approval later — weakening one of the few legal safeguards for the environment.