Congress Rajya Sabha MP and former Union Environment Minister Jairam Ramesh has filed a petition in the Supreme Court challenging the practice of granting ex post facto environmental clearances. He called them illegal, harmful to public health, and a major governance setback.
Congress Rajya Sabha MP and former Union Environment Minister Jairam Ramesh announced that he has submitted a petition to the Supreme Court challenging the practice of granting ex post facto environmental clearances.
He described these clearances as illegal, harmful to public health, and a significant setback for governance.
In a post on X, Jairam expressed his encouragement by the Supreme Court’s decision on December 29, 2025, to reconsider a previous ruling regarding the redefinition of the Aravallis.
He stated,
“Retrospective environmental clearances are bad in law, are detrimental to public health and make a mockery of governance.”
Jairam contended that these retrospective approvals serve as an easy escape route for offenders who knowingly violate environmental regulations. He asserted that ignorance of the law should not serve as a defense for actions that could have lasting repercussions for communities and ecosystems.
Highlighting the urgency of the issue in light of recent judicial developments, Jairam referenced the Supreme Court’s November 18 order, which allowed for a review of its earlier judgment from May 16 that had prohibited retrospective environmental approvals.
He argued that this review was unjustified and undermined core principles of environmental law.
He affirmed,
“Such approvals go against the very foundations of jurisprudence and make a mockery of governance. The review was uncalled for. Retrospective approvals should never be permitted,”
The Congress party has previously criticized the Supreme Court’s decision to overturn its ruling against post facto environmental clearances, labeling the action as “doubly disappointing.”
They emphasized that retrospective approvals, even with penalties, tend to legitimize the avoidance of environmental regulations rather than deter violations.
Earlier, On May 16, the Supreme Court ruled by a 2:1 majority to prohibit the Centre from issuing retrospective environmental clearances for projects that violated environmental standards.
This verdict was issued in the Vanashakti case by a bench that included Justice A S Oka, who has since retired, and Justice Ujjal Bhuyan.
However, the May 16 decision was subsequently overturned by a majority verdict from a bench led by then Chief Justice B R Gavai, which included Justices Ujjal Bhuyan and K Vinod Chandran.
This bench provided three separate opinions while considering nearly 40 petitions for review and modification related to the earlier Vanashakti ruling.