Written by Debadityo Sinha

The Supreme Court’s recent decision to recall its May 2025 judgment in Vanashakti v. Union of India has triggered confusion and premature celebration among industry players. For those hoping for a return to the era of ex-post-facto Environmental Clearances (ECs), the recall is not a victory, only a delay.

The recall rests on a point of judicial discipline that a two-judge bench cannot appear to contradict earlier two-judge benches that had, in limited and exceptional circumstances, considered the possibility of retrospective EC. Whether such exceptions are legally sustainable and whether they can coexist with the stricter reasoning of earlier judgments now goes to a larger bench.

Crucially, the recall must not be interpreted as endorsement of retrospective

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