Open to refer ex-post facto environmental clearance to Constitution Bench: Supreme Court

The Supreme Court of India has expressed its willingness to refer the matter of ex-post facto environmental clearances to a Constitution Bench for further examination. This decision arises from the court's belief that a previous ruling by a three-judge bench in November 2022 on the same issue merits re-evaluation. The concept of ex-post facto environmental clearance, which allows projects to receive clearance after they have commenced operations, has sparked significant debate regarding its implications on environmental protection and regulatory compliance. Legal experts and environmentalists are closely monitoring the developments, as the outcome could set a critical precedent for future environmental governance in India. The prospect of a Constitution Bench review underscores the judiciary's role in balancing development needs with environmental sustainability, a challenge that continues to resonate across the nation. The Supreme Court's readiness to reconsider this pivotal issue reflects the ongoing dialogue about environmental law and its enforcement in the context of rapid industrialization in India.