EnvironmentPolity
News 5 of 20

Supreme Court Strikes Down 2021 Office Memorandum on Retrospective Environmental Clearance as Violative of Articles 14 and 21

Target:UPSC GS-IIIMPSCTeachingSSC GAPrelims HighMains HighStatic GK Link
29 Jul 2026
~2 min
Source: Indian Express
Key Data:2021 office memorandum2017 notificationSection 3 of EPA 1986Articles 14 and 21Jan Vishwas Act 2023July 29, 2026
Bodies:Supreme Court of IndiaCentral Government (Centre)
Practice MCQs from today's news ▸
What This Article Covers

1.SC struck down the 2021 office memorandum on retrospective environmental clearance as ultra vires and violative of Articles 14 and 21.

2.The Court upheld the 2017 notification as valid, narrowly tailored delegated legislation under Section 3 of Environment Protection Act, 1986.

3.The ruling has prospective effect; existing clearances remain valid; Centre can still grant exemptions via notification under Section 3, not administrative memo.

The Big Picture
Prelims · HighMains · High

Supreme Court struck down the Centre's 2021 office memorandum that allowed retrospective environmental clearance for projects without prior clearance, calling it an unconstitutional perpetual regime. However, the Court upheld the 2017 notification as valid delegated legislation, allowing narrow exceptions in public interest. The ruling applies prospectively, leaving existing clearances untouched.

Exam Lens

Quick Exam Facts From News

BenchCJI Surya Kant, Justices Joymalya Bagchi, Vipul M Pancholi
Struck Down2021 Office Memorandum
Upheld2017 Notification
Key ActsEnvironment (Protection) Act 1986, Jan Vishwas Act 2023
Constitutional ArticlesArticles 14, 21

1-Minute Revision

  • ›Bench: CJI Surya Kant, Justices Joymalya Bagchi, Vipul M Pancholi
  • ›Struck Down: 2021 Office Memorandum
  • ›Target this Data: 2021 office memorandum struck down; 2017 notification upheld
  • ›Target this Nodal Body: Supreme Court bench – CJI Surya Kant, Justices Joymalya Bagchi, Vipul M Pancholi
  • ›Target this Legal Point: Section 3 of Environment Protection Act, 1986; Articles 14 and 21

Mastered this topic? Test your knowledge with a full MCQ quiz.

Practice exam-style questions, track your score, and strengthen your recall.

Q1Static LinkageEasy

Which Act empowers the central government to issue notifications for environmental protection as per the Supreme Court in this case?

Q2Statement-basedHard

Consider the following statements:

1. The Supreme Court struck down the 2021 office memorandum on retrospective environmental clearance.

2. The 2017 notification was also struck down by the Supreme Court in this judgment.

3. The ruling applies prospectively, leaving existing clearances unaffected.

Which of the statements given above is/are correct?

Q3Data-centricMedium

Which Supreme Court bench delivered the judgment on the retrospective environmental clearance case?

Q4Application/ImpactMedium

What was the primary reason given by the Supreme Court for striking down the 2021 office memorandum?

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