SC order on retrospective environmental clearances a step forward but gaps remain: Experts
NEW DELHI: Policy experts on Saturday welcomed the Supreme Court's decision barring the government from granting retrospective environmental clearances but warned that loopholes in environmental laws still exist, and citizens must stay alert to protect their constitutional rights.
In a landmark ruling on Friday, the apex court said the government cannot grant retrospective environmental clearances in the future. The court made it clear that projects started without mandatory prior environmental clearance cannot be legalised later. It added that violators who knowingly ignored the law cannot be protected.
The judgement came in response to petitions filed by the NGO Vanashakti and others, challenging two government office memorandums issued in July 2021 and January 2022 which had created a system to grant environmental clearance to projects that began operations without prior approval under the Environment Impact Assessment (EIA) Notification, 2006.
Stalin D, Director of Vanashakti, told PTI that citizens must now ensure the court's directions are followed. "The judgement clearly says the government cannot try and provide a safe haven for violators. So, we have to ensure that our constitutional framework is not violated in any way."
"One more very pertinent thing in that order is that the people who violated this are not illiterate persons. They are educated, well connected, rich people who knew that they were engaging in a violation, which needs to stop now," he said.
Prakriti Srivastava, a retired Indian Forest Service officer, said while it is a good order, knowing the history of environment ministry and project proponents, they will find a way around. She said post-facto approvals mean the damage is already done before clearance is granted.
"Will these stop and the ministry obey the SC orders? Let's wait and watch Though knowing the record of MoEFCC, they give two hoots for SC orders and may blatantly disregard them," she added.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
an hour ago
- Time of India
Will Trump get to pick US Supreme Court justices in his second term?
Legal experts suggest that Donald Trump may have the opportunity to appoint additional Supreme Court justices during a potential second term, potentially reshaping the court's direction for decades. Justices Thomas, Alito, and Roberts may face pressure to retire, allowing Trump to install younger, like-minded individuals. Experts have said Trump might appoint loyalist justice. Tired of too many ads? Remove Ads Can Trump overhaul judiciary? Tired of too many ads? Remove Ads Can Trump pick judges? Tired of too many ads? Remove Ads Trump may seek loyalty over ideology During his first term in office, President Donald Trump appointed 226 federal court judges, including three US Supreme Court justices. Trump successfully installed judges who promoted his political agenda, including overturning the landmark ruling from 1973 that declared the Constitution guaranteed the right to abortion, Roe v. something unusual appears to be unfolding in his second term. Rather than reinforcing Trump-era policies, federal judges — even those appointed by Trump himself — are now halting key parts of the president's second-term initiatives. So, a question that keeps popping up on everyone's mind is that- Will Donald Trump appoint Supreme Court judges in the US?Trump may have the opportunity to appoint new Supreme Court justices during his second term in office, legal experts told Newsweek. During his first term in office, Trump appointed three justices to the US Supreme Court, thus significantly influencing the judiciary system. Trump may have another chance to nominate a justice in the coming years- —an appointment that could shape the Court's direction for decades. Such a move would likely have profound effects on public policy, particularly in areas like abortion, LGBTQ+ rights, immigration, and executive Justices Clarence Thomas (76), Samuel Alito (75), and Chief Justice John Roberts (70) are already facing calls from some on the right to consider retirement in the coming years. With Republicans currently holding control of the presidency and a 53-seat majority in the Senate, they are in a strong position to confirm new Supreme Court justices without Democratic argue that Republicans should take a lesson from Democrats, who have previously faced setbacks when their justices chose not to retire during favorable political Urman, a law professor at Northeastern University, told Newsweek that while it's impossible to predict exactly when a justice might step down, Justices Alito and Thomas are the most likely candidates for retirement—primarily to allow a like-minded successor to be appointed. However, he noted that this isn't a certainty, as both justices are now part of the majority after spending years as dissenting voices on the Court, a position they deeply from the right may not be convincing to the justices, he said."Judges and especially Justices are very independent, and I don't think they will be too influenced by the pressure campaign," he said. "It's ultimately a very personal decision and the Ginsburg example is important but she was older and faced more health issues than the current justices."None of the current justices on the court have publicly said they plan to retire anytime federal prosecutor Gene Rossi told Newsweek Thomas could wait until after the 2026 midterms to avoid giving Democrats a motivating issue ahead of the elections."However, if that happens, President Trump will pick a very young and conservative nominee because in his mind, he got burned with Justice Barrett," he said. "And he wants to put his further imprint on the tenor of the High Court."Former federal prosecutor Neama Rahmani told Newsweek: "It's likely Trump appoints at least one Supreme Court Justice, and maybe two. The odds increase over his four-year term, especially with Justices Thomas and Alito being in their mid-70s.""Trump's Cabinet and officer appointees during his second term have been largely loyalists without the experience or independent streaks that frustrated him during his first term. His Supreme Court appointment(s) will likely reflect those same values, especially given the importance of the judiciary in standing in the way of his executive orders."Stephen Wermiel, a constitutional law professor at American University, told Newsweek, "It's uncertain whether Trump will have another Supreme Court vacancy. But there's a good chance conservatives will begin urging Roberts, Thomas, and Alito to retire after this term so Trump could install younger, like-minded justices.'Legal analysts believe Trump may prioritize personal loyalty over ideological alignment when choosing future Supreme Court McQuade, a former federal prosecutor, told Newsweek that frustration with decisions made by Justices Barrett and Roberts may drive Trump to look for candidates who are not only conservative but personally loyal to him."Trump could seek justices who won't break from him on major rulings," McQuade said. "That could have a major impact on upcoming cases dealing with birthright citizenship, transgender healthcare, and the limits of executive power."Justice Amy Coney Barrett has occasionally sided against Trump's positions, including a ruling against deporting alleged gang members under the Alien Enemies Act of 1798. Her independent stance has drawn criticism from Trump-aligned analyst Urman agreed that loyalty may guide Trump's future selections, noting that he 'appears to value loyalty above all else in his nominees.' Any new appointments, Urman added, would likely align more closely with the judicial philosophies of Justices Thomas or Alito than Barrett.
NDTV
an hour ago
- NDTV
Hong Kong Appoints New Zealand Judge To Top Court
Quick Read Summary is AI generated, newsroom reviewed. A New Zealand judge has been appointed to Hong Kong's top court amid overseas jurist exodus. William Young, 73, joins five other overseas non-permanent justices from the UK and Australia. Hong Kong invites overseas judges to its Court of Final Appeal to uphold common law jurisdiction. Hong Kong: A New Zealand judge has been appointed as a justice of Hong Kong's top court, after a years-long exodus of overseas jurists following Beijing's imposition of a sweeping security law on the finance hub. Hong Kong's lawmakers on Wednesday approved the appointment of William Young, 73, to join five other overseas non-permanent justices from the UK and Australia. Hong Kong is a common law jurisdiction separate from mainland China and invites overseas judges to hear cases at its Court of Final Appeal. Their presence has been seen as a bellwether for the rule of law since the former British colony was handed back to China in 1997. Beijing passed a national security law on Hong Kong in 2020, following huge and often violent pro-democracy protests in the Chinese city the year before. Since then, several overseas judges have quit the Court of Final Appeal without finishing their terms, while others have not renewed their appointments. The lineup of overseas judges has gone from 15 at its peak down to five, not including Mr Young. The newly appointed justice, who retired from his role as a New Zealand Supreme Court judge in April 2022, is expected to start in Hong Kong this month. Hong Kong leader John Lee accepted a recommendation to appoint Mr Young in May and praised him as "a judge of eminent standing and reputation". Cases at the top court in Hong Kong are typically heard by a panel of four local judges and a fifth ad hoc member, who may be a foreign judge. In January, Hong Kong's chief justice said recruiting suitable overseas judges "may be less straightforward than it once was", given geopolitical headwinds. The government has defended the security law as necessary to restore order after the 2019 protests and said the city remains a well-respected legal hub.
The Hindu
an hour ago
- The Hindu
Stop cattle slaughter for Bakrid, says Vishwa Prani Kalyana Mandali
Sri Dayananda Swami of the Vishwa Prani Kalyana Mandali has appealed to the Union and State governments to stop cattle slaughter during Bakrid festival across Karnataka. In a letter to the governments, he demanded that cattle slaughter and animal sacrifice be banned on Bakrid falling on Saturday (June 7 this year) and subsequent days as per provisions of the Prevention of Slaughter and Preservation of Cattle Act 2020 and the Prevention of Animal Sacrifices Act 1959, Rules 1963 and Amendment Act 1975. He has attached copies of some Supreme Court and High Court orders in support of his demand. Members of the mandali, including Uttam Chand Jajed, Suresh Runawal, Ashok Nagore, Sukhveer Jain, and others have signed the letter.
