Retired bureaucrats raise concerns over SC orders allowing ex post facto clearances, Aravalli mining
A group of retired bureaucrats, operating under the banner of the Constitutional Conduct Group (CCG), has written an open letter expressing concern over recent Supreme Court orders that, they allege, compromise the courts constitutional responsibility to protect life and nature in India. The letter flags, among other issues, a recent ruling that could open up more than 90 per cent of the Aravalli range to mining and construction, potentially undermining its role as a dust barrier for the Delhi NCR region. The letter is signed by 79 members of the CCG who have held senior positions in the Indian government, including cabinet secretaries, ambassadors, secretaries, Indian Forest Service officials, Directors General of Police and national security advisors. It points to what the group describes as a disturbing trend in recent judicial decisions affecting environmental protection. One of the key concerns raised relates to the Supreme Courts November 18, 2025, order, in which a three judge bench, by a 2:1 majority, allowed the granting of ex post facto environmental clearances until a larger bench of the apex court addresses the legal question. This order effectively permits the Union government to process environmental clearance applications retrospectively. Earlier, in May, a two judge bench had ruled that ex post facto environmental clearances granted to projects were illegal and contrary to established environmental jurisprudence. There is currently no clarity on when the larger bench will be constituted to hear the ex post facto clearance case. The letter also addresses a recent Supreme Court order concerning the Aravalli hill range. The apex court accepted a proposal from the Central government to redefine the Aravalli hills in a manner that could potentially exclude over 90 per cent of the range from environmental protection. According to the CCG, this redefinition could open large tracts of the Aravallis to mining and construction activities, allegedly weakening the regions capacity to function as a dust barrier for the Delhi NCR area. In addition, the court has directed the Ministry of Environment, Forest and Climate Change (MoEFCC) to prepare a scientific mapping and a sustainable mining plan for the Aravallis. While acknowledging the need for scientific assessment, the letter expresses apprehension that such measures may legitimise increased mining activity in ecologically sensitive zones. The retired officials have also criticised a recent third order of the apex court that, they allege, weakens the functioning of the Central Empowered Committee (CEC). The CEC was established in 2002 as an independent body to advise the Supreme Court on environmental matters and to act as an environmental watchdog. According to the letter, the CEC has, in recent times, increasingly supported government decisions that allegedly harm the environment, purportedly under the influence of the MoEFCC. The CCG has stated that it has no political affiliation and is committed to upholding the foundational values of the Republic, along with adherence to established norms of constitutional conduct.
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