Jairam Ramesh files petition in Supreme Court challenging ex post facto environmental clearances

Congress leader Jairam Ramesh on Friday said he has filed a petition in the Supreme Court challenging ex post facto environmental clearances, asserting that they are bad in law, detrimental to public health and make a mockery of governance.

In a post on X, Ramesh said, “Encouraged by the Supreme Court’s review on December 29th 2025 of an earlier verdict on the redefinition of the Aravallis, I have just filed a petition in the Supreme Court challenging ex post facto environmental clearances.”

“Retrospective environmental clearances are bad in law, are detrimental to public health, and make a mockery of governance,” the former environment minister said.

Mr. Ramesh said they give an easy way out to those who are actually wilful defaulters. Ignorance of the law cannot be an excuse for violating it, he added.

Last month, the Congress general secretary had urged the Supreme Court to take suo motu cognisance of three “urgent” environmental matters.

In a post on X, Mr. Ramesh referred to the apex court’s order recalling, on its own, its November 20 verdict on the redefinition of the Aravallis and said it was most necessary and welcome.

“Now, three other urgent tasks await the Honourable Supreme Court on environmental matters that should also be taken up suo moto, like the Aravallis matter,” he said.

Mr. Ramesh said that on November 18, the Supreme Court had also opened the door for a review of its earlier verdict from May 16 barring retrospective environmental approvals.

“Such approvals go against the very foundations of jurisprudence and make a mockery of governance. The review was uncalled for. Retrospective approvals should never be permitted,” Ramesh said.

The Congress had termed as “doubly disappointing” the Supreme Court recalling its judgement that prohibited post-facto environmental clearances to projects, and said retrospective approvals with penalties, howsoever heavy, is no solution as it only regularises the by-passing of laws.

The Supreme Court, by a 2:1 majority, recalled its May 16 judgement that had prohibited the Centre from granting retrospective environmental clearances (ECs) to projects found violating environmental norms.

A bench comprising Chief Justice B R Gavai and justices Ujjal Bhuyan and K Vinod Chandran delivered three separate verdicts on a batch of nearly 40 review and modification pleas filed against the Vanashakti judgement.

The verdict on May 16 by a bench of Justice A S Oka, since retired, and Justice Bhuyan had barred the Ministry of Environment, Forests and Climate Change (MoEFCC) and the authorities concerned from granting retrospective environmental clearances (ECs) to projects which are found in violation of environmental norms.

CJI Gavai and Justice Chandran recalled the May 16 verdict and placed the matter before an appropriate bench for reconsideration of the issues afresh.