Supreme Court Declares Post-Facto Environmental Clearances Illegal | Key Judgement Explained
20-05-2025
06:28 AM

What’s in Today’s Article?
- Post-Facto Environmental Clearance Latest News
- EIA and the Need for Prior Clearance
- 2017 Notification and Post-Facto Clearances
- Supreme Court Criticises Centre for Protecting Environmental Violators
- Illegality of Post-Facto Clearances
- Post-Facto Environmental Clearance FAQs

Post-Facto Environmental Clearance Latest News
- Recently, the Supreme Court declared as illegal the Ministry of Environment’s 2017 notification that allowed ex-post facto environmental clearances — i.e., permissions granted after a project had already started.
- The court also struck down a 2021 office memorandum that laid out a procedure for granting such post-facto clearances.
- It further barred the Centre from issuing similar notifications or orders that violate the Environment Impact Assessment (EIA) Notification of 2006, reinforcing the principle that environmental approvals must be obtained before project execution.
EIA and the Need for Prior Clearance
- The Environment Impact Assessment (EIA) Notification, 2006 mandates prior environmental clearance for projects likely to impact the environment, human health, and social infrastructure.
- The process includes multiple stages: project screening, environmental impact study, public hearing, and expert committee review.
- Final clearance is granted or denied based on expert recommendations to ensure sustainable development.
2017 Notification and Post-Facto Clearances
- In March 2017, the Ministry of Environment issued a notification offering a one-time, six-month window for industries to seek clearance after starting operations or making changes without approval.
- This applied to projects that had begun without prior clearance, expanded beyond approved capacity, or altered their product mix.
Centre’s Justification for Post-Facto Clearances
- The Centre argued it was better to regulate violations rather than leave them unchecked.
- Violators would be made to pay for remediation and pollution, nullifying any economic advantage from breaking the law.
- Simultaneously, state authorities and pollution control boards were expected to take action under the Environment Protection Act, 1986.
Centralised Appraisal and Expert Oversight
- All post-facto clearance cases, regardless of project size or category, were to be appraised centrally.
- Appraisal proceeded only if the project was permissible at its site; otherwise, closure was recommended.
- A committee headed by S R Wate (ex-NEERI Director) appraised violation cases, meeting 47 times between 2017 and 2021.
SOP Introduced in 2021
- A Standard Operating Procedure (SOP) was issued in July 2021 to standardise the handling of violation cases, following a National Green Tribunal directive.
Supreme Court Criticises Centre for Protecting Environmental Violators
- The bench of Justice Abhay S Oka and Justice Ujjal Bhuyan criticised the Centre for issuing orders that effectively protected violators of environmental norms.
- The Court questioned whether development should come at the cost of environmental degradation.
Violation of Fundamental Rights
- The Court held that the 2017 Notification and 2021 Office Memorandum (OM) violated:
- Article 21 – Right to life, which includes the right to a healthy, pollution-free environment.
- Article 14 – Right to equality before law, as the OM extended protection to violators fully aware of the legal consequences.
- It cited Delhi’s pollution crisis to highlight the devastating effects of unchecked environmental harm.
SC Rejects Centre’s One-Time Justification
- The Supreme Court reminded the Centre of its earlier undertaking before the Madras High Court, where it claimed the 2017 notification was a one-time exception.
- The SC ruled that even a one-time exemption was unconstitutional, as it undermines the public's right to a clean environment.
Illegality of Post-Facto Clearances
- The Court cited Common Cause v. Union of India (2017) and Alembic Pharmaceuticals v. Rohit Prajapati (2020) to reaffirm that ex-post facto clearances are alien to environmental law.
- Such clearances violate the foundational principles of the Environment Impact Assessment (EIA) notification.
2021 Office Memorandum Violated Judicial Orders
- The bench criticised the Centre for issuing the 2021 Office Memorandum, which allowed retrospective clearances, despite earlier Supreme Court rulings against it.
- It held that this regularised illegal actions of starting projects without prior environmental clearance.
- The Court observed that the Centre intentionally avoided using the term "ex-post facto" in the SOP, but the substance and effect remained the same.
- It labelled the move as “clever drafting” to circumvent previous judicial restrictions.
Reaffirmation of Environmental Jurisprudence
- In the Alembic Pharmaceuticals case, the SC had clearly ruled that post-facto approvals were against environmental principles and should not be permitted.
- The current bench reiterated that such actions are a direct affront to the rule of law and ordered the Centre not to reintroduce such mechanisms in any form.
Post-Facto Environmental Clearance FAQs
Q1. What did the Supreme Court rule on post-facto environmental clearances?
Ans. The SC declared post-facto clearances illegal, citing they violate fundamental rights and environmental law principles under the EIA 2006.
Q2. What was the Centre’s justification for the 2017 notification?
Ans. The Centre claimed it regulated past violations, enforced penalties, and avoided economic disruptions by allowing one-time regularisations.
Q3. How did the Court view the 2021 Office Memorandum?
Ans. The Court criticised it as a disguised attempt to regularise illegal projects, contradicting earlier judicial pronouncements on EIA norms.
Q4. What constitutional rights did the Court say were violated?
Ans. The Court held the clearances violated Article 21 (right to life) and Article 14 (equality before law).
Q5. What precedents did the Supreme Court cite?
Ans. It cited Common Cause (2017) and Alembic Pharmaceuticals (2020) cases, both rejecting ex-post facto approvals in environmental jurisprudence.
Government Orders Nationwide Inspection of Jal Jeevan Mission Projects Amid Cost Overrun Concerns
20-05-2025
04:29 AM

What’s in Today’s Article?
- Jal Jeevan Mission Latest News
- Introduction
- Jal Jeevan Mission: Scope and Achievements
- Challenges Facing the Mission
- News Summary
- Jal Jeevan Mission Inspection FAQs

Jal Jeevan Mission Latest News
- The Central Government has decided to send 100 teams of Central Nodal Officers for “ground inspection” of the Jal Jeevan Mission schemes across the country.
- The move follows a meeting chaired by the Cabinet Secretary recently to review the mission’s schemes.
Introduction
- Jal Jeevan Mission is a Centrally Sponsored Scheme, launched by the Ministry of Jal Shakti on 15th August, 2019.
- Objective: To provide to all households in rural India safe and adequate water through individual household tap connections by 2024.
- The Jal Jeevan Mission is based on a community approach to water.
- According to the government, the mission includes Information, Education and Communication as key components.
- The mission is meant to create a people's movement for water, making it everyone’s priority.
- Institutional Mechanism under JJM
Jal Jeevan Mission: Scope and Achievements
- The original budgetary outlay of the scheme stood at Rs. 3.6 lakh crore.
- However, with new approvals and revised cost estimates, the total projected expenditure has more than doubled to Rs. 8.29 lakh crore as of 2025.
- Key achievements include:
- Coverage expanded to over 14 crore rural households, up from 3.2 crore in 2019.
- Over 6.4 lakh water supply schemes have been sanctioned across the country.
- Emphasis on source sustainability, village-level water quality monitoring, and convergence with MGNREGA and SBM (Gramin).
- However, disparities remain among states in execution speed and quality, and some regions have reported challenges in water source availability and community mobilization.
Challenges Facing the Mission
- Escalating Costs:
- The cost per tap connection has reportedly increased from Rs. 30,000 to Rs. 1,37,500 in some areas. This sharp rise has prompted scrutiny from the Ministry of Finance and the Expenditure Finance Committee (EFC).
- Slow Implementation in Certain States:
- While some states like Gujarat and Telangana have performed well, others are lagging in infrastructure setup, quality checks, and timely utilization of funds.
- Quality of Work:
- Reports from rural areas indicate that in some cases, pipeline infrastructure is substandard, or connections are functional only intermittently.
- Monitoring and Evaluation Gaps:
- The vast scale of the project has made it difficult to ensure real-time auditing and third-party verifications, leading to lapses.
News Summary
- In light of the mounting fiscal and operational concerns, the Government of India has decided to send 100 teams of nodal officers to conduct ground-level inspections of JJM schemes across 135 districts in 29 states and Union Territories.
- Key Details of the Review Initiative:
- The review decision follows a Cabinet Secretary-led meeting on May 8, 2025.
- The Department of Personnel and Training (DoPT) has nominated 99 nodal officers to inspect 183 water supply schemes, many of which cost over Rs. 1,000 crore.
- These schemes collectively account for Rs. 1.5 lakh crore, or 20% of the total JJM outlay.
- Reason for Cost Overrun:
- The Jal Shakti Ministry had sought Rs. 2.79 lakh crore in additional central funding to meet the escalated costs for completing the scheme by 2028.
- A standardized questionnaire has been prepared for these inspection teams, which will evaluate both the cost and quality of execution.
- A training session for the officers was scheduled on May 23 to familiarize them with inspection protocols.
Jal Jeevan Mission Inspection FAQs
Q1. Why is the Government sending 100 teams to inspect Jal Jeevan Mission schemes?
Ans. To assess cost escalation, quality of work, and implementation across various states.
Q2. How many schemes are being inspected under this initiative?
Ans. 183 schemes across 135 districts in 29 states and UTs.
Q3. What is the cost implication of the selected schemes?
Ans. These schemes have a cumulative cost of ₹1.5 lakh crore, or 20% of total approved costs.
Q4. What was the original and revised outlay of Jal Jeevan Mission?
Ans. The original outlay was ₹3.6 lakh crore; the revised estimate is ₹8.29 lakh crore.
Q5. Why did the Finance Ministry approve only half the requested additional funding?
Ans. Due to concerns over inflated work orders and lack of justifications for cost hikes.
Source: IE
e-Zero FIR System Launched to Combat High-Value Cyber Frauds | Digital FIRs Under New Criminal Laws
20-05-2025
05:20 AM

What’s in Today’s Article?
- e-Zero FIR System Latest News
- Zero FIR
- New e-Zero FIR System Launched to Tackle High-Value Cybercrimes
- e-Zero FIR System FAQs

e-Zero FIR System Latest News
- Union Home Minister Amit Shah announced the launch of the e-Zero FIR system, under which cyber financial crime complaints involving over ₹10 lakh—reported via the 1930 helpline or the National Cybercrime Reporting Portal (NCRP)—will be automatically converted into FIRs.
- The initiative, implemented by the Indian Cyber Crime Coordination Centre (I4C), aims to enable faster tracking and action against cybercriminals.
Zero FIR
- Jurisdiction-Free Filing: A Zero FIR can be lodged at any police station, regardless of where the crime occurred or where the victim resides.
- Jurisdiction of police stations is now no bar. A victim can provide information to a police station irrespective of its jurisdiction.
- He may give such information orally or by electronic communication to the officer in-charge.
- Procedure: The receiving police station registers the complaint (without assigning a regular FIR number) and forwards it to the concerned police station for investigation.
- Origins: Recommended by the Justice Verma Committee post the 2012 Nirbhaya case to ensure victims don't face delays due to jurisdictional issues.
- Purpose: To facilitate immediate registration and ensure timely action, avoiding bureaucratic hurdles for the victim.
FIRs under New Criminal Laws (2024 Onward)
- New Legal Framework:
- Bharatiya Nyaya Sanhita (BNS), 2023
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
- Bharatiya Sakshya Adhiniyam (BSA), 2023
- These three laws replaced the IPC, CrPC, and Indian Evidence Act respectively, effective July 1, 2024.
- Digital Reporting Enabled: Victims can now lodge FIRs electronically, removing the need to visit a police station in person.
- Mandatory Zero FIR: Under Section 173 of BNSS, police must register Zero FIRs, strengthening victim-centric policing.
- Victim Empowerment: Victims will receive free copies of FIRs, ensuring transparency and enabling participation in the legal process.
New e-Zero FIR System Launched to Tackle High-Value Cybercrimes
- Union Home Minister announced the launch of the e-Zero FIR system.
- Under this, cyber financial crime complaints exceeding ₹10 lakh—filed via the 1930 helpline or the National Cybercrime Reporting Portal (NCRP)—will be automatically converted into FIRs.
Pilot Project Begins in Delhi, National Rollout Planned
- The initiative, launched as a pilot in Delhi, will soon be extended nationwide.
- It allows FIR registration irrespective of territorial jurisdiction, aiming to ensure swift investigation and recovery of lost money.
Integrated Digital Infrastructure
- The system integrates:
- I4C’s NCRP system
- Delhi Police’s e-FIR system
- NCRB’s Crime and Criminal Tracking Network & Systems (CCTNS)
- These platforms collectively ensure the immediate registration of Zero FIRs at Delhi’s e-Crime Police Station, which are then routed to the concerned jurisdiction.
Compliance with New Criminal Laws
- The process follows the provisions of Section 173 (1) and 1(ii) of the Bharatiya Nagrik Suraksha Sanhita (BNSS).
- Victims must visit a cybercrime police station within three days to get the Zero FIR converted into a regular FIR.
Towards a Cyber-Secure Bharat
- This system will empower authorities to act with unprecedented speed and reflects the government's commitment to build a 'Cyber-Secure Bharat'.
e-Zero FIR System FAQs
Q1. What is the e-Zero FIR system?
Ans. It’s a digital initiative to auto-register FIRs for cyber frauds above ₹10 lakh via NCRP or 1930 helpline.
Q2. What makes Zero FIR jurisdiction-free?
Ans. Victims can file FIRs at any police station, irrespective of where the crime happened, ensuring no jurisdictional delays.
Q3. Which section of BNSS mandates Zero FIR registration?
Ans. Section 173 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023 mandates Zero FIR registration and victim-friendly procedures.
Q4. What platforms are integrated under e-Zero FIR?
Ans. It integrates NCRP, Delhi Police’s e-FIR system, and NCRB’s CCTNS for instant Zero FIR generation and routing.
Q5. What is required to convert e-Zero FIR into regular FIR?
Ans. The victim must visit a cybercrime police station within three days to convert Zero FIR into a regular FIR.