Jairam files petition against retrospective environmental clearances

Congress leader Jairam Ramesh on Friday said he has filed a petition in the Supreme Court challenging ex post facto environmental clearances, asserting that such approvals are illegal, harmful to public health, and undermine governance.

“Encouraged by the Supreme Court’s review on December 29, 2025, of an earlier verdict redefining the Aravallis, I have just filed a petition in the Supreme Court challenging ex post facto environmental clearances. Retrospective environmental clearances are bad in law, are detrimental to public health, and make a mockery of governance. They provide an easy way out for wilful defaulters. Ignorance of the law cannot be an excuse for violating it,” Ramesh said in a post on social media platform X.

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The petition seeks a complete ban on ex post facto (retrospective) environmental clearances and aims to overturn the SC’s November 2025 review decision that partially revived such approvals. The petition argues that these clearances violate core environmental laws, including the Environment Impact Assessment (EIA) Notification of 2006.

Ex post facto environmental clearances allow projects to receive environmental approval after construction or operations have already begun, effectively bypassing mandatory prior assessments. The EIA Notification of 2006 requires prior environmental clearance, including public hearings and detailed impact studies.

While a 2017 notification briefly permitted retrospective approvals, the Court struck it down in May 2025, holding that ex post facto clearances violate the precautionary principle. However, a review judgment in November 2025 partially reopened the door to such approvals, prompting renewed legal challenges.

On December 29, the Supreme Court put in abeyance its November 20 order that defined the Aravallis as landforms rising above 100 metres. The suo motu decision followed widespread protests by experts and citizens, who argued that the definition would expose large stretches of ecologically sensitive land to mining and exploitation, despite the Environment Ministry defending the need for a uniform definition.