Supreme Court quashes 2021 OM granting Centre, others power to grant retrospective environmental clearances
The Supreme Court of India has quashed a 2021 government memorandum that allowed for retrospective environmental clearances for projects that began without prior approval. While the court ruled that prior clearance is mandatory, it allowed for a limited, time-bound amnesty scheme in exceptional public interest cases.
Why it matters
This decision reinforces strict environmental compliance standards and limits the executive branch's power to bypass established green norms.
In a significant order, the Supreme Court on Wednesday (July 29, 2026) quashed the Centre's 2021 Office Memorandum creating a mechanism for granting retrospective environmental clearances (ECs) to projects that had commenced work without obtaining prior environmental approval.
A Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi, in its unanimous verdict, also gave some leeway to the government and held that the judgement will apply prospectively and the projects granted green nod earlier will remain undisturbed.
The Bench reaffirmed that prior ECs are the governing rule under the environmental framework and projects cannot ordinarily commence operations first and seek approval later.
The Bench, however, held that the Centre may, in exceptional circumstances and in the larger public interest, introduce a limited, time-bound amnesty scheme through a valid statutory notification.
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