The Reversal of Ex Post Facto Bans and Jurisprudential Dilution: UPSC Current Affairs Story Arc

Overview

This arc tracks a dramatic judicial U-turn regarding 'ex post facto' (retrospective) environmental clearances. Initially, in May 2025, the Supreme Court took a hardline stance, striking down government orders that allowed industries to seek approval after they had already started polluting. However, by November 2025, a new bench recalled this ban, arguing for a balance between development and environment. This judicial retreat paved the way for a broader dilution of environmental norms by early 2026, where transparency requirements for mining were lowered and large-scale mangrove destruction was sanctioned. For an aspirant, this represents the tension between the 'Precautionary Principle' and the 'Doctrine of Proportionate Hardship'.

How This Story Evolved

SC bans ex post facto clearances (May 2025) → Ban is challenged and recalled (Nov 2025) → Leads to 'dilution of jurisprudence' and eased norms (Feb 2026)

1. 2025-05-16: Supreme Court Restrains Ex Post Facto Environmental Clearances
   More details

   UPSC Angle: Supreme Court restrains ex post facto environmental clearances.

   Key Facts:

   • MoEFCC: Ministry of Environment, Forest and Climate Change
   • EPA: Environment (Protection) Act of 1986
   • EIA: Environmental Impact Assessment
   • Executive orders stayed: 2017 and 2021
2. 2025-05-16: New Bench Urged for Retrospective Environmental Clearances
   More details

   UPSC Angle: Supreme Court urged to form new bench for retrospective environmental clearances.

   Key Facts:

   • Supreme Court
   • retrospective environmental clearances
   • Ministry of Environment
   • May 16, 2025
3. 2025-11-19: SC Recalls Ban On Ex-Post Facto Green Clearances
   More details

   UPSC Angle: SC recalls ban on ex post facto environmental clearances in Vanashakti judgment.

   Key Facts:

   • Supreme Court recalled its May 16, 2025, Vanashakti judgment
   • The May 16, 2025 ruling banned granting ex post facto environmental clearances (ECs)
   • The two-judge Bench comprised Justice A.S. Oka & Justice Ujjal Bhuyan
   • The court struck down a 2017 notification and 2021 office memorandum (OM) of the Union government
4. 2025-11-20: Supreme Court Addresses Environmental Clearances
   More details

   UPSC Angle: Supreme Court addresses environmental clearances after construction commencement.

   Key Facts:

   • Supreme Court decision reverses May 2025 order
   • Concerns raised about post-facto environmental clearances
   • Highlights difficulty in dealing with consequences of abused environmental laws
5. 2026-02-02: Shift in India's environmental jurisprudence
   More details

   UPSC Angle: India experiencing dilution of environmental jurisprudence through judicial and regulatory developments.

   Key Facts:

   • Changes in EIA process allowed mining projects to receive clearance without full disclosure of location and area details on 18 December 2025.
   • Courts permitted felling or transplantation of nearly 34,000 mangrove trees.
6. 2026-02-15: Meghalaya MP seeks environmental clearance freeze for proposed cement plant
   More details

   UPSC Angle: Meghalaya MP seeks environmental clearance freeze for cement plant.

   Key Facts:

   • A cement plant project proposed by Shree Cement Limited at Dalstong village is under scrutiny.
   • The project includes a 0.95 million tonnes per annum (TPA) clinker unit.
   • It also includes a 0.99 million TPA cement grinding unit.
   • A 15 MW captive power plant is included.
   • A 7 MW waste heat recovery system is part of the project.
   • The project covers 25.08 hectares.
   • Concerns include potential risks to air quality, groundwater resources, river systems, agricultural land and forest cover.
7. 2026-02-19: NGT Halts Desilting in Punjab Rivers
   More details

   UPSC Angle: NGT Halts Desilting in Punjab Rivers.

   Key Facts:

   • The National Green Tribunal (NGT) granted a stay on desilting work in several rivers and seasonal streams across Punjab.
   • The order was passed on February 17, 2026.
   • The applicant challenged an auction notice issued on October 17, 2025, by the drainage division of the Punjab Water Resources Department.
   • The case has been listed for further hearing on May 14, 2026.

Genesis

Trigger

The Supreme Court's Vanashakti judgment on May 16, 2025, which struck down the MoEFCC's 2017 and 2021 executive orders allowing retrospective clearances.

Why Now

The MoEFCC had been using 'Office Memorandums' to regularize projects that bypassed the EIA process, leading to a legal challenge by environmental groups arguing these memorandums bypassed the Environment (Protection) Act, 1986.

Historical Context

India's EIA process, established under the EPA 1986, originally required 'prior' clearance. The 2017 'Violation Notification' was a temporary window to regularize projects, which later became a recurring policy, sparking this judicial conflict.

Key Turning Points

1. [2025-05-16] Supreme Court strikes down 2017 and 2021 orders.

   It established a zero-tolerance policy for 'regularizing' environmental violations, halting all retrospective clearances.

   Before: MoEFCC could regularize projects via OMs. After: Absolute ban on ex post facto clearances.

2. [2025-11-19] SC recalls the Vanashakti judgment.

   It signaled a judicial retreat, allowing the government to resume the practice of balancing industrial survival with environmental fines.

   Before: Rule of law strictly prohibited illegal regularizations. After: The door reopened for retrospective clearances.

Key Actors and Institutions

Key Institutions

• Supreme Court of India (SC)
• Ministry of Environment, Forest and Climate Change (MoEFCC)

Key Concepts

Ex Post Facto Environmental Clearance

Approval granted to a project after it has already commenced construction or operation, effectively regularizing a violation of prior-clearance norms.

Current Fact: The SC initially banned this on May 16, 2025, but recalled the ban on November 19, 2025.

Precautionary Principle

A legal mandate requiring that if an action has a suspected risk of causing harm to the environment, the burden of proof that it is NOT harmful falls on those taking the action.

Current Fact: The May 2025 Vanashakti judgment held that retrospective clearances fundamentally violate this principle.

Environmental Impact Assessment (EIA)

A process of evaluating the likely environmental impacts of a proposed project, taking into account inter-related socio-economic, cultural, and human-health impacts.

Current Fact: New norms as of December 18, 2025, allow mining projects to receive clearance without disclosing full location and area details.

What Happens Next

Current Status

As of February 2026, the hardline ban is fully reversed. The focus has shifted to 'procedural easing,' where projects (like mining) are receiving clearances without full public disclosure of location details.

Likely Next

Expect a surge in 'regularization' applications from legacy projects that were stalled during the May-November 2025 ban period, and potentially new litigation challenging the December 18, 2025 mining transparency easing.

Wildcards

A larger Constitutional Bench intervention if the 'Precautionary Principle' is deemed fundamentally violated by the current 'procedural easing' trend.

Why UPSC Cares

Syllabus Topics

• Environmental Impact Assessment
• Conservation, environmental pollution and degradation
• Judiciary: Structure, organization and functioning

Essay Angles

• Economy vs. Ecology: The Jurisprudence of Compromise
• The Precautionary Principle in an Era of Procedural Easing

Prelims Likely: Yes

Mains Likely: Yes

Trend Signal: rising

Exam Intelligence

Previous Year Question Connections

• Powers of the Central Govt under EPA 1986 regarding standards and procedures. — This arc tests the limits of MoEFCC's executive power to issue 'Office Memorandums' (OMs) under the EPA 1986 vs judicial review.
• SC suspension of mining due to environmental degradation. — Directly relates to the shift in how the SC views mining clearances—from suspension (2011) to allowing clearance without location details (2025).

Prelims Angles

• The date of the mining EIA disclosure change: December 18, 2025.
• The specific number of mangroves permitted for felling: 34,000.
• The specific executive orders stayed in May 2025: 2017 and 2021 notifications.
• Statutory basis of EIA: Environment (Protection) Act, 1986 (not the Wildlife Protection Act).

Mains Preparation

Sample Question: Critically analyze the shift in India's environmental jurisprudence from 'Precautionary Constitutionalism' to 'Procedural Easing' in light of recent Supreme Court reversals on ex post facto clearances.

Answer Structure: Intro: Define ex post facto clearances and the Vanashakti case context. → Body 1: The rationale for the May 2025 ban (Precautionary Principle, upholding EPA 1986). → Body 2: The reasons for the November 2025 recall (Economic continuity, proportionate hardship). → Critical Analysis: Impact of December 2025 mining rule changes and mangrove felling on environmental transparency. → Conclusion: Way forward—need for statutory clarity instead of frequent executive memorandums.

Essay Topic: Sustainable Development: A Balancing Act or a Jurisprudential Compromise?

Textbook Connections

Key Takeaway

The reversal of the ex post facto ban marks the end of absolute environmental 'veto' in Indian courts, shifting toward a regime where procedural compliance and economic continuity outweigh strict environmental precaution.

All Events in This Story (7 items)

1. 2025-05-16 [Polity & Governance] — Supreme Court Restrains Ex Post Facto Environmental Clearances
   The Supreme Court struck down executive orders that allowed ex post facto environmental clearances, preventing the Ministry of Environment, Forest and Climate Change (MoEFCC) from issuing such clearances in the future. This decision reinforces that retrospective clearances for polluting industries are prohibited under the Environment (Protection) Act (EPA) of 1986 and the Environmental Impact Assessment (EIA) notification. The court's order aims to ensure sustainable development by preventing illegal establishment of polluting industries.
   More details

   UPSC Angle: Supreme Court restrains ex post facto environmental clearances.

   Key Facts:

   • MoEFCC: Ministry of Environment, Forest and Climate Change
   • EPA: Environment (Protection) Act of 1986
   • EIA: Environmental Impact Assessment
   • Executive orders stayed: 2017 and 2021
2. 2025-05-16 [Polity & Governance] — New Bench Urged for Retrospective Environmental Clearances
   The Supreme Court has been requested to form a new bench to re-examine the appeals concerning the granting of retrospective environmental clearances for projects that violated environmental regulations. Previously, on May 16, 2025, a bench had prohibited the Ministry of Environment from granting such clearances.
   More details

   UPSC Angle: Supreme Court urged to form new bench for retrospective environmental clearances.

   Key Facts:

   • Supreme Court
   • retrospective environmental clearances
   • Ministry of Environment
   • May 16, 2025
3. 2025-11-19 [Polity & Governance] — SC Recalls Ban On Ex-Post Facto Green Clearances
   The Supreme Court has recalled its May 16, 2025, Vanashakti judgment that banned the granting of ex post facto (retrospective) environmental clearances (ECs). The two-judge Bench (Justice A.S. Oka & Justice Ujjal Bhuyan) previously held that granting retrospective environmental clearances violates the precautionary principle. The May judgment had held that granting retrospective clearances in any form to regularise illegal constructions was illegal.
   More details

   UPSC Angle: SC recalls ban on ex post facto environmental clearances in Vanashakti judgment.

   Key Facts:

   • Supreme Court recalled its May 16, 2025, Vanashakti judgment
   • The May 16, 2025 ruling banned granting ex post facto environmental clearances (ECs)
   • The two-judge Bench comprised Justice A.S. Oka & Justice Ujjal Bhuyan
   • The court struck down a 2017 notification and 2021 office memorandum (OM) of the Union government
4. 2025-11-20 [Polity & Governance] — Supreme Court Addresses Environmental Clearances
   The Supreme Court addressed the matter of environmental clearances, particularly concerning the permissibility of granting clearances *after* construction has commenced, a practice that has faced scrutiny for undermining the purpose of Environmental Impact Assessments (EIAs). The court's decision reflects ongoing debates about balancing development with environmental protection.
   More details

   UPSC Angle: Supreme Court addresses environmental clearances after construction commencement.

   Key Facts:

   • Supreme Court decision reverses May 2025 order
   • Concerns raised about post-facto environmental clearances
   • Highlights difficulty in dealing with consequences of abused environmental laws
5. 2026-02-02 [Environment & Ecology] — Shift in India's environmental jurisprudence
   India is experiencing a dilution of environmental jurisprudence through recent judicial and regulatory developments, shifting from precautionary constitutionalism to procedural easing in environmental governance. Examples include allowing mining projects to receive clearance without full disclosure of location details and permitting the felling/transplantation of nearly 34,000 mangrove trees.
   More details

   UPSC Angle: India experiencing dilution of environmental jurisprudence through judicial and regulatory developments.

   Key Facts:

   • Changes in EIA process allowed mining projects to receive clearance without full disclosure of location and area details on 18 December 2025.
   • Courts permitted felling or transplantation of nearly 34,000 mangrove trees.
6. 2026-02-15 [Environment & Ecology] — Meghalaya MP seeks environmental clearance freeze for proposed cement plant
   A Member of Parliament from Meghalaya has requested a suspension of environmental clearance proceedings for a proposed cement plant by Shree Cement Limited in Dalstong village. The MP cited potential risks to air quality, groundwater, and forest cover, advocating for a comprehensive cumulative impact assessment.
   More details

   UPSC Angle: Meghalaya MP seeks environmental clearance freeze for cement plant.

   Key Facts:

   • A cement plant project proposed by Shree Cement Limited at Dalstong village is under scrutiny.
   • The project includes a 0.95 million tonnes per annum (TPA) clinker unit.
   • It also includes a 0.99 million TPA cement grinding unit.
   • A 15 MW captive power plant is included.
   • A 7 MW waste heat recovery system is part of the project.
   • The project covers 25.08 hectares.
   • Concerns include potential risks to air quality, groundwater resources, river systems, agricultural land and forest cover.
7. 2026-02-19 [Environment & Ecology] — NGT Halts Desilting in Punjab Rivers
   The National Green Tribunal (NGT) stayed desilting work in several rivers and streams across Punjab, citing concerns about environmental clearance and commercial exploitation of river material. The order was passed on February 17, 2026, following a petition challenging an auction notice issued by the Punjab Water Resources Department. The case is listed for further hearing on May 14, 2026.
   More details

   UPSC Angle: NGT Halts Desilting in Punjab Rivers.

   Key Facts:

   • The National Green Tribunal (NGT) granted a stay on desilting work in several rivers and seasonal streams across Punjab.
   • The order was passed on February 17, 2026.
   • The applicant challenged an auction notice issued on October 17, 2025, by the drainage division of the Punjab Water Resources Department.
   • The case has been listed for further hearing on May 14, 2026.