No blanket amnesty or bar: How SC set ‘public interest’ test for ex-post facto environment clearances
The Supreme Court of India struck down the Centre's 2021 Office Memorandum allowing retrospective environmental clearances for ongoing projects, ending blanket regularization. The ruling establishes that ex-post facto clearances cannot be granted via an Office Memorandum, but may be permissible in exceptional cases through statutory notification if deemed in public interest. This decision marks a significant shift in the court's environmental jurisprudence, emphasizing the need for a balanced approach to executive power and regulatory limits.