Supreme Court Warns Jairam Ramesh of Exemplary Costs in Environmental Clearance Case

Jairam Ramesh

New Delhi: The Supreme Court of India on Thursday made sharp observations while hearing a petition filed by Congress leader and Rajya Sabha MP Jairam Ramesh challenging a recent Office Memorandum issued by the Union government concerning environmental clearances.

A bench of the apex court questioned the maintainability of the plea and warned that “exemplary costs” could be imposed if the petition was found to be politically motivated or lacking legal merit. 

The judges asked why the court’s jurisdiction had been directly invoked instead of first exhausting alternative statutory remedies available under environmental laws.

The court observed that public interest litigation cannot be converted into a platform for political contestation. It emphasised that constitutional courts must not be used for routine policy disagreements, especially where executive decisions fall within the domain of governance.

Jairam Ramesh approached the court challenging an Office Memorandum issued by the Ministry of Environment, Forest and Climate Change. The memorandum pertains to procedural aspects of environmental impact assessment and the grant of clearances for infrastructure and development projects.

In his petition, the Congress MP argued that the memorandum diluted established environmental safeguards and bypassed due process under existing statutory frameworks. He contended that the changes could have far reaching consequences for ecological protection and regulatory transparency.

During the hearing, the bench raised pointed questions regarding the legal foundation of the challenge. The judges sought clarification on whether the petitioner had demonstrated any direct constitutional violation or tangible harm. The court remarked that if it concluded the plea was frivolous or filed for publicity, it would consider imposing exemplary costs to deter misuse of judicial time.

Senior counsel appearing for Jairam Ramesh defended the petition, asserting that environmental protection is integral to constitutional guarantees and that judicial scrutiny was necessary to safeguard public interest. The counsel argued that the memorandum warranted review to ensure adherence to statutory norms and environmental principles.

The Centre opposed the petition, maintaining that the Office Memorandum merely clarified procedural issues and did not weaken substantive environmental standards. Government law officers argued that policy decisions fall within the executive’s prerogative and that judicial interference is warranted only in cases of clear illegality or constitutional breach.

The matter remains pending, and further hearings are expected before any interim or final order is passed. The proceedings have already sparked political reactions, with the Congress defending its leader’s right to challenge executive actions and the BJP accusing the Opposition of using litigation as a political strategy.

The outcome of the case will be closely watched by environmental groups, industry stakeholders and political observers, as it sits at the intersection of environmental governance, economic development and judicial oversight.

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