Relevance: GS II (Judiciary, Governance) & GS III (Environment, EIA)
Source: The Hindu; Supreme Court judgment; 

The Supreme Court, by a 2:1 majority, has recalled its May 2024 judgment that had declared retrospective (ex post facto) environmental clearances (EC) illegal.

The Court now holds that public interest, economic stability, and administrative challenges justify allowing such clearances in limited cases.

Background of The Case

The May 2024 Judgment (Struck Down Ex Post Facto ECs)

• Said retrospective ECs are gross illegality.
• Emphasised that the Environment Impact Assessment (EIA) must happen before a project begins.
• Reinforced the precautionary principle and polluter-pays principle.

Current (Nov, 2025) Review Decision

Majority (CJI DY Chandrachud, Justice Gavai) recalled the previous ruling.

Reasoning in Favour:

• Avoid massive disruptions: 53 major projects worth nearly ₹20,000 crore would be impacted.
• Administrative difficulty: some violations occur due to “complex regulatory processes”.
• Retrospective ECs may be acceptable with strict penalties and monitoring.

Dissent (Justice Bhuyan):

• Called the review “an innocent expansion of opinion”.
• Warned this allows violators to escape accountability.
• Stated that public health and environmental integrity must not be sacrificed for economic reasons.

What Are Retrospective Environmental Clearances(EC)?

A retrospective / ex post facto EC is permission granted after a project has started construction or operations without prior approval.

Courts earlier viewed ex post facto ECs as inconsistent with the Environment Protection Act.

The Way Ahead

Experts stress a middle path:

• Strengthen the EIA process with faster, transparent approvals.
  
• Strict penalties for starting work without EC.
  
• Time-bound online clearance systems to cut bureaucratic delays.
  
• Community participation must remain central.
  
• Independent monitoring agencies should track compliance.
  
• Allow limited retrospective ECs only in exceptional and unavoidable situations.
  

Is This “Right to Recall”?

No.  This is the Court using its constitutional power under Article 137 to review its own judgment—not the political idea of recalling elected representatives.

UPSC Mains Question

“Should ex post facto environmental clearances be allowed in India? Analyse in the context of the Supreme Court’s recall judgment and the principles of sustainable development.”