New Delhi: On Friday, the Supreme Court affirmed that the right to live in a pollution-free environment is a fundamental right, invalidating the Centre's office memorandum that allowed retrospective environmental clearances for projects breaching regulations.

A bench led by Justices Abhay S Oka and Ujjal Bhuyan criticized the government's actions, stating, "The Union Government, like every citizen, has a constitutional duty to safeguard the environment."

The court emphasized the need for strict action against the Centre's attempts to circumvent legal prohibitions.

It pointed out that while the term 'ex post facto' was not explicitly mentioned, the memorandum effectively permitted such clearances, violating previous court rulings.

Consequently, the 2021 office memorandum and associated circulars were deemed "arbitrary, illegal, and contrary to the Environment (Protection) Act, 1986 and the Environmental Impact Assessment (EIA) Notification, 2006."

The Centre was prohibited from issuing any directives for granting retrospective clearances or regularizing actions that contravened the EIA notification.

The court reiterated that Article 21 of the Constitution guarantees the right to a pollution-free environment, underscoring that the 1986 Act was established to uphold this fundamental right.

The ruling declared that the measures allowed the regularization of projects that had breached environmental laws.

Justice Oka noted that the right to a pollution-free atmosphere is a fundamental right under Article 21, referencing a notification from the Ministry of Environment, Forest and Climate Change from March 14, 2017, which applied to projects that began work without proper clearances.

The court reiterated that the concept of retrospective environmental clearances is incompatible with environmental law and the EIA notification.

It stressed that violations of prior clearance requirements must be addressed with severity.

The bench highlighted the severe impact of environmental degradation on public health, particularly in cities like Delhi, where residents suffer from hazardous air quality levels.

The court stated that the office memorandum violated the fundamental rights of individuals under Article 21, including the right to health.

Questioning the balance between development and environmental conservation, the court asserted that development should not come at the expense of the environment.

The Supreme Court emphasized the need for strict judicial oversight of such regulatory attempts.

It noted that project proponents were aware of the EIA notification and chose to disregard it, showing little regard for environmental protection.

In addition to violating Article 21, the actions were also found to breach Article 14 (right to equality) and the provisions of the 1986 Act and EIA notification.

However, the court decided that previously granted retrospective clearances under the 2017 notification and the 2021 memorandum would not be revoked at this time.