Environment Protection Act

New Delhi (Gurpreet Singh): The Supreme Court quashed the Union Government’s 2021 Office Memorandum (OM), which established a continuous administrative route for granting retrospective environmental clearances (ECs) to projects that began operations without prior regulatory approval. Declaring the executive order impermissible under law, a three-judge Bench headed by Chief Justice of India Surya Kant ruled that the directive failed the tests of proportionality and reasonableness, while infringing upon fundamental rights under Articles 14 and 21 of the Constitution. The court emphasized that mandatory prior environmental clearances remain the foundation of India's environmental regulatory framework and that project proponents cannot illegally…