Case Commentary On Vanashakti V. Union Of India - A Judicial Blow To Post-Facto Environmental Clearance

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Aatheka Juhi T N, B.A. LL.B. (Hons), LL.M., [Environmental, Energy and Climate Change Law], Chennai Dr. Ambedkar Government Law College, Pudupakkam

ABSTRACT

This commentary examines the Supreme Court’s decision in Vanashakti v. Union of India, 2025 SCC OnLine SC 718, which struck down the 2017 Notification and 2021 SOP issued by the Ministry of Environment, Forest and Climate Change permitting post-facto environmental clearances. The Court reaffirmed that prior clearance is a mandatory safeguard, integral to the right to life under Article 21, and cannot be bypassed through administrative measures. By invoking principles such as the precautionary approach and polluter pays rule, the judgment underscored that violations cannot be legitimised retrospectively. Initiated as public interest litigation under Article 32, the case highlights the role of civil society in protecting environmental law and signals the Court’s strong stance on preventive governance in India.

Keywords: Article 21, EIA Notification, Environmental Clearance, Environmental Jurisprudence, Ex Post Facto

CASE COMMENTARY ON VANASHAKTI V. UNION OF INDIA - A JUDICIAL BLOW TO POST-FACTO ENVIRONMEN

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