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.