Context: On 18 November 2025, a 2:1 majority of the Supreme Court recalled its May 2025 Vanashakti judgment, which had prohibited the granting of ex-post-facto environmental clearances (ECs). The recall reopens the legal pathway for granting environmental approvals after a project has already begun construction or operation, subject to conditions.
What Was the Vanashakti Judgment (May 2025)?
The Supreme Court’s earlier ruling had taken a strict environmental protection stance. It held that:
- Retrospective ECs are “gross illegality” and fundamentally opposed to environmental rule of law.
- The 2017 Notification and 2021 Office Memorandum, which allowed post-facto approvals, were struck down.
- It emphasised that regularising illegal construction weakens the Environment (Protection) Act, 1986 and contradicts the precautionary principle.
Grounds for Recalling the Judgment (Nov 2025)
The majority reconsidered the ruling for three key reasons:
1. Legal Consistency
The Court noted that earlier Supreme Court cases —
- Pahwa Plastics Pvt Ltd (2022)
- D. Swamy vs KSPCB (2021)
— had allowed post-facto ECs in exceptional circumstances.
To avoid contradiction, the Court recalled the Vanashakti judgment for a fresh, larger review.
2. Economic Impact
The May ruling risked demolition or shutdown of projects valued at ~₹20,000 crore, including pending expansions and partially completed facilities.
3. Public Interest
Essential public infrastructure —
- Hospitals,
- Medical colleges,
- Airports
— would face severe delays, affecting public welfare and regional development.
Justice Bhuyan’s Dissent: A Strong Environmental Stand
Justice Bhuyan disagreed with the recall, arguing:
1. Earlier permissive rulings were per incuriam
He held that Pahwa Plastics and D. Swamy ignored binding precedents such as:
- Common Cause (2017)
- Alembic Pharmaceuticals (2020)
Both emphasised that prior EC is mandatory and violations cannot be lightly condoned.
2. Precautionary Principle is non-negotiable
He stressed that post-facto ECs defeat the core purpose of environmental regulation — preventing harm before it occurs rather than legalising it after destruction is done.
Environmental Clearance Framework in India
Environmental clearances operate under the EIA Notification, 2006, issued under the Environment (Protection) Act, 1986.
Key Features
- Mandatory prior EC for 39+ categories (mining, infrastructure, industry, power, river valley).
- Category A projects → appraised by MoEFCC (Central).
- Category B → appraised by SEIAA (State).
- Expert Appraisal Committees (EAC/SEAC) conduct technical scrutiny.
- Public hearing mandatory for Category A & B1, except defence/strategic and small-scale projects.
- Validity: Mining (30 yrs), River valley (10 yrs), Industry/Infrastructure (7 yrs).
Conclusion
The Supreme Court’s recall highlights a fundamental tension between environmental protection and economic-development imperatives.
The upcoming review will determine whether India’s environmental governance framework prioritises the precautionary principle or accommodates post-facto approvals for broader public and economic considerations.