In Vanashakti v. Union of India (2025 SCC OnLine SC 1139), the Supreme Court declared ex-post facto environmental clearances unconstitutional, reinforcing that prior clearance under the EIA Notification, 2006 is mandatory. Citing Common Cause (2017) and misuse seen after Pahwa Plastics (2022), the Court stressed stricter environmental governance and procedural compliance. While future retrospective clearances are barred, existing ones remain valid, leaving concerns for ongoing projects.
– Anup Koushik Karavadi and Kanishk Tiwari Introduction Poised between private autonomy and statutory control, Arbitration occupies a peculiar space in India’s energy sector. Projects contracts such as Power purchase agreements (PPAs), transmission contracts, and implementation agreements increasingly incorporate arbitration clauses, reflecting the sector’s growing commercial sophistication and the parties’ Read more »
The court laid down certain guidelines which must be followed before a case against an accused can be fully established: (a) circumstances from which conclusion of guilt is drawn must be established fully, (b) there should be consistency between the facts established and the hypothesis of guilt of the accused, Read more »
In the case of National Commission for Protection of Child Rights (NCPCR) vs. State of Jharkhand & Ors., the Supreme Court dismissed a writ petition filed by the NCPCR under Article 32, emphasizing that statutory bodies created to protect fundamental rights cannot invoke Article 32 to enforce their mandates against Read more »
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