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MK Ranjitsinh et al. v. Union of India et al. (Modification of April 2021 Judgment) - judgment

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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: modification of the directions issued under the earlier judgment dated 19th April, 2019; and the correct balance between the preservation of Great Indian Bustard and India’s commitment to control climate change through just transition of shifting 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 the changing climate and India’s commitments and efforts to control it. It observed that the 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 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 a clean environment and the right against the adverse effects of climate change have their 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 Court also modified the 2021 Order by easing the restrictions imposed by the 2021 Order in the potential GIB areas.

MK Ranjitsinh et al. v. Union of India et al. (Modification of April 2021 Judgment)

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

Financial actors and resources that are primarily directed towards climate change mitigation, adaptation and compensation.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

Actions to adapt human health, healthcare systems and well-being to climate change.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Actions or measures to adapt freshwater systems to climate change.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Production of electricity and heat from solar irradiation.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves the distribution, treatment, and conservation of water resources.

Dedicated pool of financial resources for climate-related projects.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

woman and genders outside of the gender binary

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

This sector involves the wholesale and retail selling of goods.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

People with different national or cultural traditions from the dominant population

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

People who have left their homes, whether through force, voluntarily, or a mixture of both

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Kinetic energy of airflow transformed into useful energy, mostly electrical energy.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

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

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

MK Ranjitsinh et al. v. Union of India et al. (Modification of April 2021 Judgment) - judgment

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance