Skip to main content

Former civil servants raise alarm over Supreme Court’s recent environmental rulings

By A Representative
 
In a significant intervention regarding India’s environmental future, a group of 79 distinguished former civil servants, organized under the Constitutional Conduct Group (CCG), issued an open letter on December 28, 2025, expressing "deep anguish" over recent Supreme Court orders. The collective, which includes former Foreign Secretary Shivshankar Menon, former Election Commissioner Ashok Lavasa, and former Delhi Lieutenant Governor Najeeb Jung, warned that the judiciary's recent stance risks dismantling essential ecological safeguards in favor of powerful vested interests.
The CCG’s concerns center on three specific judicial developments that they claim compromise the fundamental right to life under Article 21 of the Constitution. The first major point of contention involves the Supreme Court’s November 18 decision to recall a previous May 2025 order. The original May order had struck down the practice of granting "ex-post facto" environmental clearances—essentially regularizing projects that began construction without mandatory prior approval. By recalling this judgment following petitions from real estate and developer associations, the Court has allowed the regularization of such projects to resume. The CCG noted that while a larger bench will eventually settle the law, the current vacancy in regulation rewards violators at a time when Delhi-NCR and North India are facing record-breaking air pollution and extreme climate events.
A second, more localized but ecologically devastating concern involves the Aravalli Hills. The CCG criticized a November 20 order that accepted a new definition of the mountain range, classifying the Aravallis only as landforms rising 100 meters above local relief. Because much of the 670-million-year-old range falls below this height, the group warns that over 90% of the Aravallis could lose environmental protection. This reclassification opens the door for large-scale mining and construction in a region that serves as a vital carbon sink and a natural barrier against the Thar Desert. The former officials warned that this would lead to "state-driven carnage," accelerating desertification, destroying wildlife corridors for leopards and hyenas, and depleting critical aquifers that recharge millions of liters of groundwater for the water-stressed National Capital Region.
The third area of concern focuses on the Central Empowered Committee (CEC), the Supreme Court’s own monitoring body for forest and wildlife matters. The CCG reiterated their long-standing grievance that the CEC has lost its independence and has become a "panel under the influence" of the Ministry of Environment, Forests and Climate Change (MoEFCC). They alleged that the committee now prioritizes the diversion of forest land for industrial use rather than its conservation, pointing out that a member of the CEC was also involved in drafting the controversial 100-meter definition for the Aravallis.
The open letter concludes with a fervent plea to the Supreme Court to uphold the "polluter pays" and "precautionary" principles. The signatories urged the Justices to prioritize the health of Indian citizens and intergenerational equity over the financial interests of corporations. By highlighting the vulnerability of marginalized populations who cannot afford air purifiers and must work in toxic conditions, the CCG called for an urgent judicial return to the role of the ultimate protector of India’s natural heritage and the right to a clean environment.

Comments

TRENDING

From Kerala to Bangladesh: Lynching highlights deep social faultlines

By A Representative   The recent incidents of mob lynching—one in Bangladesh involving a Hindu citizen and another in Kerala where a man was killed after being mistaken for a “Bangladeshi”—have sparked outrage and calls for accountability.  

What Sister Nivedita understood about India that we have forgotten

By Harasankar Adhikari   In the idea of a “Vikshit Bharat,” many real problems—hunger, poverty, ill health, unemployment, and joblessness—are increasingly overshadowed by the religious contest between Hindu and Muslim fundamentalisms. This contest is often sponsored and patronised by political parties across the spectrum, whether openly Hindutva-oriented, Islamist, partisan, or self-proclaimed secular.

When a city rebuilt forgets its builders: Migrant workers’ struggle for sanitation in Bhuj

Khasra Ground site By Aseem Mishra*  Access to safe drinking water and sanitation is not a privilege—it is a fundamental human right. This principle has been unequivocally recognised by the United Nations and repeatedly affirmed by the Supreme Court of India as intrinsic to the right to life and dignity under Article 21 of the Constitution. Yet, for thousands of migrant workers living in Bhuj, this right remains elusive, exposing a troubling disconnect between constitutional guarantees, policy declarations, and lived reality.

Policy changes in rural employment scheme and the politics of nomenclature

By N.S. Venkataraman*  The Government of India has introduced a revised rural employment programme by fine-tuning the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), which has been in operation for nearly two decades. The MGNREGA scheme guarantees 100 days of employment annually to rural households and has primarily benefited populations in rural areas. The revised programme has been named VB-G RAM–G (Viksit Bharat Guarantee for Rozgar and Ajeevika Mission – Gramin). The government has stated that the revised scheme incorporates several structural changes, including an increase in guaranteed employment from 100 to 125 days, modifications in the financing pattern, provisions to strengthen unemployment allowances, and penalties for delays in wage payments. Given the extent of these changes, the government has argued that a new name is required to distinguish the revised programme from the existing MGNREGA framework. As has been witnessed in recent years, the introdu...

Aravalli at the crossroads: Environment, democracy, and the crisis of justice

By  Rajendra Singh*  The functioning of the Ministry of Environment, Forests and Climate Change has undergone a troubling shift. Once mandated to safeguard forests and ecosystems, the Ministry now appears increasingly aligned with industrial interests. Its recent affidavit before the Supreme Court makes this drift unmistakably clear. An institution ostensibly created to protect the environment now seems to have strayed from that very purpose.

'Festive cheer fades': India’s housing market hits 17‑quarter slump, sales drop 16% in Q4 2025

By A Representative   Housing sales across India’s nine major real estate markets fell to a 17‑quarter low in the October–December period of 2025, with overall absorption dropping 16% year‑on‑year to 98,019 units, according to NSE‑listed analytics firm PropEquity. This marks the weakest quarter since Q3 2021, despite the festive season that usually drives demand. On a sequential basis, sales slipped 2%, while new launches contracted by 4%.  

'Structural sabotage': Concern over sector-limited job guarantee in new employment law

By A Representative   The advocacy group Centre for Financial Accountability (CFA) has raised concerns over the passage of the Viksit Bharat – Guarantee for Rozgar and Ajeevika Mission (VB–G RAM G), which was approved during the recently concluded session of Parliament amid protests by opposition members. The legislation is intended to replace the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).

Safety, pay and job security drive Urban Company gig workers’ protest in Gurugram

By A Representative   Gig and platform service workers associated with Urban Company have stepped up their protest against what they describe as exploitative and unsafe working conditions, submitting a detailed Memorandum of Demands at the company’s Udyog Vihar office in Gurugram. The action is being seen as part of a wider and growing wave of dissatisfaction among gig workers across India, many of whom have resorted to demonstrations, app log-outs and strikes in recent months to press for fair pay, job security and basic labour protections.

India’s universities lag global standards, pushing students overseas: NITI Aayog study

By Rajiv Shah   A new Government of India study, Internationalisation of Higher Education in India: Prospects, Potential, and Policy Recommendations , prepared by NITI Aayog , regrets that India’s lag in this sector is the direct result of “several systemic challenges such as inadequate infrastructure to provide quality education and deliver world-class research, weak industry–academia collaboration, and outdated curricula.”