Topic 053 · Answers
Retrospective environmental clearance: Vanashakti 2026
Vanashakti v Union of India (2026 INSC 761) was decided on:
- 20 July 2026
- 18 August 2026
- 7 July 2021
- Correct answer: 29 July 2026
Core Trigger: On 29 July 2026 the Supreme Court decided Vanashakti v Union of India (2026 INSC 761), quashing a 2021 clearance memorandum.From Book 1 RATNA, topic 053, point 1
Prior environmental clearance under the EIA Notification 2006 is mandatory unless validly amended by:
- Office memorandum
- Executive circular
- Correct answer: Notification
- Court order
Holding: Prior environmental clearance under the EIA Notification 2006 is mandatory unless validly amended by notification.From Book 1 RATNA, topic 053, point 2
Who wrote the Vanashakti judgment?
- CJI Surya Kant
- Correct answer: Justice Joymalya Bagchi
- Justice Vikram Nath
- Justice P.S. Narasimha
Current Head: CJI Surya Kant headed the Bench; Justice Joymalya Bagchi wrote the judgment.From Book 1 RATNA, topic 053, point 3
The 7 July 2021 MoEFCC Office Memorandum was held to violate which Articles?
- Articles 19 and 21
- Articles 14 and 19
- Correct answer: Articles 14 and 21
- Articles 21 and 300A
Quashed Memo: The MoEFCC Office Memorandum of 7 July 2021 was a perpetual amnesty scheme violating Articles 14 and 21.From Book 1 RATNA, topic 053, point 4
Consider: 1. The 2017 Notification (S.O. 804(E)) was upheld as valid, time-bound delegated legislation. 2. It was issued on 7 July 2021. Which is/are correct?
- Correct answer: Only 1
- Only 2
- Both 1 and 2
- Neither
Upheld Notice: The Court upheld the 2017 Notification (S.O. 804(E), 14 March 2017) as valid, narrowly tailored, time-bound delegated legislation.From Book 1 RATNA, topic 053, point 5
Consider: 1. Clearances already granted are automatically cancelled. 2. No fresh application lies under either instrument. Which is/are correct?
- Only 1
- Correct answer: Only 2
- Both 1 and 2
- Neither
Stakeholders: Clearances already granted stay valid unless challenged on merits; no fresh application lies under either instrument.From Book 1 RATNA, topic 053, point 6
In which city is the Supreme Court that decided Vanashakti located?
- Mumbai
- Bhubaneswar
- Kolkata
- Correct answer: New Delhi
Venue: The judgment came from the Supreme Court of India, New Delhi.From Book 1 RATNA, topic 053, point 8
The Environment (Protection) Act 1986 gave effect to which international declaration?
- Rio Declaration
- Correct answer: Stockholm Declaration
- Paris Agreement
- Kyoto Protocol
Founded: The Environment (Protection) Act 1986 gave effect to the Stockholm Declaration of June 1972.From Book 1 RATNA, topic 053, point 9
The EIA Notification 2006, superseding the 1994 one, set how many stages?
- Two
- Correct answer: Four
- Three
- Five
Landmark: The EIA Notification of 27 January 1994 introduced prior clearance; the 2006 Notification superseded it with four stages.From Book 1 RATNA, topic 053, point 10
In Vanashakti the Court used which Article to quash the memorandum only prospectively?
- Article 32
- Article 136
- Article 226
- Correct answer: Article 142
Doctrine: Article 142 lets the Court do complete justice, here quashing only prospectively; Articles 48A and 51A(g) underpin environmental protection.From Book 1 RATNA, topic 053, point 12
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