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Supreme Court Quashes 2021 OM on Retrospective Environmental Clearances; Upholds Centre's Amnesty Schemes Under EPA 1986

Target:UPSC GS-IIIMPSCTeachingSSC GAPrelims HighMains HighStatic GK Link
29 Jul 2026
~2 min
Source: The Hindu
Key Data:2021 OM2006 notification2017 notificationEPA 1986Article 14Article 21
Bodies:Supreme CourtCentral Government
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What This Article Covers

1.Supreme Court quashed 2021 OM granting ex post facto environmental clearances, calling it an impermissible administrative override of the 2006 notification.

2.Court held that the OM lacked intelligible differentia and violated Articles 14 and 21; prospective quashing protects ongoing projects.

3.Centre restrained from issuing administrative orders for retrospective clearances; 2017 one-time amnesty remains valid unless individually challenged.

The Big Picture
Prelims · HighMains · High

Supreme Court quashed the 2021 Office Memorandum that allowed ex post facto environmental clearances for infrastructure projects, ruling it ultra vires the Environmental Protection Act, 1986 and violative of Articles 14 and 21. However, the court upheld the Centre's power to issue amnesty schemes via proper notification and protected ongoing projects by quashing the OM only prospectively.

Exam Lens

Quick Exam Facts From News

Judgment DateJuly 29, 2026
BenchCJI Surya Kant, Justice Joymalya Bagchi
Key Provision Quashed2021 Office Memorandum (OM) on ex post facto clearances
Constitutional Articles InvolvedArticles 14, 21, 142
Parent ActEnvironmental Protection Act, 1986
Future RestraintCentre cannot grant ex post facto clearances via administrative orders

1-Minute Revision

  • ›Judgment Date: July 29, 2026
  • ›Bench: CJI Surya Kant, Justice Joymalya Bagchi
  • ›Target this Data: July 29, 2026 – date of Supreme Court judgment.
  • ›Target this Nodal Body: Supreme Court of India (Bench: CJI Surya Kant and Justice Joymalya Bagchi).
  • ›Target this Legal Point: Articles 14, 21, 142 of the Constitution; Environmental Protection Act, 1986.

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Q1Static LinkageEasy

Which Act is the primary environmental legislation under which the 2006 notification on prior environmental clearance was issued?

Q2Statement-basedHard

Consider the following statements regarding the Supreme Court judgment on ex post facto environmental clearances:

1. The 2021 Office Memorandum was quashed retrospectively, invalidating all clearances granted under it.

2. The court upheld the Centre's power to provide amnesty schemes for deserving projects through a proper notification.

3. The 2017 one-time amnesty clearances remain valid unless individually challenged in court.

Which of the statements given above is/are correct?

Q3Data-centricMedium

On which date did the Supreme Court deliver the judgment quashing the 2021 Office Memorandum on ex post facto environmental clearances?

Q4Application/ImpactMedium

What is the primary effect of the Supreme Court quashing the 2021 OM prospectively?

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