On May 16, 2025, the Supreme Court of India delivered a landmark judgment restraining the Central Government from granting “ex-post facto” Environmental Clearances (ECs) for mining projects in the future. The Court also invalidated previous Office Memoranda and notifications that permitted such clearances .

Future Prohibition: The Supreme Court categorically prohibited the issuance of ex-post facto ECs moving forward, emphasizing that such practices undermine the foundational principles of environmental law.

Invalidation of Past Notifications: The Court set aside earlier administrative directives that allowed for the retrospective regularization of mining activities without prior environmental assessment.

Existing Clearances Unaffected: Notably, the judgment does not impact ECs that have already been granted; it applies prospectively to prevent future occurrences

This decision reinforces the Supreme Court’s stance from the 2020 case Alembic Pharmaceuticals Ltd v. Rohit Prajapati, where it held that ex-post facto ECs violate the precautionary principle and the concept of sustainable development. Justice D.Y. Chandrachud, in that judgment, asserted that allowing such clearances would effectively condone industrial operations without prior environmental scrutiny, potentially causing irreversible harm .

The recent ruling underscores the Court’s commitment to upholding environmental governance and the rule of law, ensuring that environmental assessments are conducted proactively rather than retrospectively.