Supreme Court Quashes MoEF&CC's 2021 Environmental Memorandum
GS3Economy · S&T · Environment · Security· Environmental laws, EIA & institutions· Prelims + Mains·
Why in news
The Supreme Court quashed a 2021 MoEF&CC memorandum, ruling that post-facto Environmental Clearances (ECs) must be granted via statutory notifications rather than office memorandums.
Background
The Supreme Court ruled the July 7, 2021, office memorandum by the MoEF&CC as ultra vires the Environment Protection Act, 1986. This decision impacts three projects in Telangana that were previously on hold due to lack of valid clearances.
Facts for Prelims
- Act / BillEnvironment Protection Act, 1986: Primary legislation for environmental protection in India.
- BodyMoEF&CC: Ministry responsible for formulating environmental policies and granting clearances.
- FactPost-facto Environmental Clearance: Clearance granted after a project has already commenced.
For Mains
Q. Critically analyze the legal implications of granting post-facto environmental clearances and its impact on sustainable development in India.
Dimensions to cover in your answer
- Rule of Law: Ultra vires actions by executive bodies
- Environmental Integrity: Risk of bypassing EIA norms
- Development vs. Environment: Balancing infrastructure with ecological safety
Keywords: Ultra vires · Statutory notification · Post-facto clearance · Environmental Impact Assessment · Judicial review
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