Overview
- A three-judge bench led by Chief Justice Surya Kant resumed final hearings on challenges to the Centre’s 2017 notification and 2021 SOP that enable ex‑post facto environmental clearances.
- The bench said a referral to a Constitution Bench will be considered only if it doubts the November 18, 2025 ruling that revived the challenges and allowed consideration of retrospective ECs pending a fresh decision.
- Petitioners argued there has been no lawful route to seek retrospective EC after April 13, 2018, and pointed to the Madras High Court’s August 2024 decision striking down the July 2021 SOP except for limited prospective application.
- Counsel for NGOs cited Supreme Court precedents and Article 21 to assert that prior clearance is mandatory and warned that post‑facto approvals would weaken environmental deterrence.
- The Centre, represented by ASG Aishwarya Bhati, said it is ready to argue on merits, and the court scheduled the matter to continue on Thursday.