The Supreme Court of India has made a historic ruling that significantly advances environmental protection and citizens’ rights. On May 16, 2025, the court declared that the right to live in a pollution-free environment is a fundamental right guaranteed by the Constitution.
This landmark judgment nullified a 2021 government memorandum, which had previously permitted retrospective environmental clearances for projects that breached environmental regulations. The bench, headed by Justices Abhay S Oka and Ujjal Bhuyan, openly criticized the central government for attempting to circumvent existing environmental laws through misleading language.
Key Highlights of the Ruling
- The 2021 memorandum allowing retrospective environmental clearances was declared illegal.
- The government is prohibited from granting any ex post facto environmental approvals.
- Reinforcement of the constitutional guarantee for a pollution-free environment.
- Accountability of the government to adhere strictly to environmental laws.
This verdict underscores India’s commitment to environmental stewardship and sends a powerful message that environmental damage cannot be legalized after the fact. The decision has been widely praised by citizens and environmental organizations alike as a major victory for sustainable development and constitutional rights.
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