judgment

MK Ranjitsinh et al. v. Union of India et al. - judgment

Litigation

Sabin

Filing Year For Action

The present case is a writ Petition was filed to the Supreme Court of India, invoking its jurisdiction and to issue the necessary order to protect two endangered birds, the Great Indian Bustard (GIB) and Lesser Florican. This petition was in reference the judgment of the Supreme Court dated 19th April, 2021 wherein the Supreme Court had ordered that a large part of the territory not be used for overhead transmission lines, gave instructions to convert to underground power lines within a year and appointed a committee to determine whether laying high voltage underground power lines would be feasible. The Ministry of Environment, Forests, and Climate Change, the Ministry of Power, and the Ministry of New and Renewable Energy (‘MNRE’) requested a modification of the judgement dated 19th April, 2021, on the grounds that the implementation of the said judgment would cause adverse implications for the power sector and India’s International commitment for energy transition and fulfilment of promise under the Paris agreement signed by India in 2015 under the United Nations Framework Conventions on Climate Change[UNFCC]. In the present case the Apex Court had to decide two major issues i.e. modification of the directions issued under the earlier judgment dated 19th April, 2019 and to balance the preservation of Great Indian Bustard and India’s commitment to control climate change through just transition [ shifting from energy from fossil fuels to renewable energy]. The Apex court reviewed the factors causing threats to Great Indian Bustards, the actions taken by the Government of India, specifically the programme ‘Habitat Improvement and Conservation breeding of Great Indian Bustard’ launched in 2016 and other measures. The Court also discussed the impacts of changing climate and India’s commitments and efforts to control it. It was observed that promotion of renewable energy sources is crucial for promoting social equity by ensuring access to clean and affordable energy for all segments of society and thus fostering inclusive growth and development across the nation. The Court emphasised on the duty on the part of the State under Article 48 A and fundamental duty of citizens under Article 51 A of the constitution of India as constitutional commitments to ensure protection of natural world and compassion for living creatures. Relating these duties to Articles 21 and 14 of the Indian Constitution, the Court declared that the right to clean environment and right against the adverse effects of climate change has its source in Article 21 which recognises the right to life and personal liberty and article 14 which indicates equality before law and equal protection of law. Thus, justifying the actions of the State, the court dealt with intersection between climate change and human rights as well as a novel issue of intricate interface between the conservation of an endangered species, such as the Great Indian Bustard and the imperative of protecting against the climate change.

The Supreme Court noted the need to balance the interests of conserving the GIB with India's commitment to reduce emissions and move away from fossil fuel-based energy resources. By an order dated 21 March 2024, the SC restricted the undergrounding requirement under the 2021 Order to only the priority GIB areas (approximately 13,163 square kilometers), subject to feasibility to be determined by an expanded seven-member expert committee. The Supreme Courtalso modified the 2021 Order by easing the restrictions imposed by the 2021 Order in the potential GIB areas