Can violations be regularised after damage, ask experts

Following the Supreme Court's decision — by a 241 majority — to recall its May 16 judgment barring ex-post-facto environmental clearances (EC), legal and environmental experts said the ruling reopens a contentious debate around whether violations can be regularised after damage has already occurred.

- Jasjeev Gandhiok

While the majority cited judicial discipline and binding precedent to justify the recall, environmentalists ‘warned that the underlying issue remains unresolved and fraught with environmental risks.

Debadityo Sinha, lead, climate and ecosystems at Vidhi Centre for Legal Policy, clarified that the May ruling has not been undone on merits but merely recalled for alarger bench to examine. Sinha said an ex-post facto EC fundamentally weakens the framework meant to ensure a project is evaluated before work begins.