Supreme Court Halts Retrospective Environmental Clearances
The Supreme Court has ruled that the right to live in a pollution-free environment is fundamental, striking down the government's retrospective environmental clearances policy. The bench criticized the Centre for violating the Environment (Protection) Act, 1986. The judgement emphasizes the constitutional duty to protect the environment.
- Country:
- India
In a landmark decision, the Supreme Court has reaffirmed that the right to a pollution-free atmosphere is an integral part of the fundamental right to life. This judgment comes as the court nullified the central government's office memorandum that allowed retrospective environmental clearances for projects that violated existing norms.
Justices Abhay S Oka and Ujjal Bhuyan delivered scathing remarks, underscoring the constitutional obligation of both the Union Government and citizens to protect the environment. They labeled the 2021 office memorandum, which effectively permitted ex post facto environmental clearances, as illegal and contrary to established environmental law.
The bench made it clear that such measures were a violation of Article 21 of the Constitution, which guarantees the right to live in a pollution-free environment. Highlighting the impact of environmental degradation in cities like Delhi, the court stressed that development should not come at the expense of environmental conservation.
(With inputs from agencies.)
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