“58. India’s international obligations and commitments in the present case (detailed in the preceding segments of this judgment) have not been enacted in domestic law. Regardless, the Court must be alive to these obligations while adjudicating writ petitions which seek reliefs that may hinder these obligations from being fulfilled or otherwise interfere with India’s international commitments as well as the right to be free from the adverse effects of climate change.”
The Hon’ble Supreme Court, in the recent judgment of M. K. Ranjitsinh & Others v. Union Of India and Others, 2024 INSC 280[1], dated 21st March, 2024, upheld the citizens’ fundamental right to a healthy environment and the right to be free from the adverse effects of climate change as falling under the purview of Article 21 and Article 14 of the Indian Constitution.
This case in point of judicial activism by the Hon’ble Court was made in the light of modifications made to the Writ Petition (Civil) No 838 of 2019, in order to fashion an intricate interface between the conservation of the endangered GIB and India’s commitment to its citizens for combating climate change by way of exploiting the existing potential with regards to the development of solar and wind energy.
The key points discussed in the present judgment were:
- The right to a healthy environment and the right to be free from the adverse effects of climate change
- The importance of solar energy as a source of renewable energy
- India’s commitment under international conventions
- Climate change litigation in other jurisdictions
For the attainment of the above stated, the Hon’ble Court has formed an expert committee for the recalibration of the impugned judgment and with it, the preservation of the endangered species in concerned areas in harmony with the establishment of power transmission lines so as to not hinder the solar power development in the states of Gujarat and Rajasthan, instead of opting for a priori adjudication. The committee has been directed to submit its report on or before 31st July, 2024 and the case has further been posted to be heard in August, 2024.
Brief history of the case is as follows:
- In 2019, Writ Petition (Civil) No 838 of 2019 was invoked under Article 32 of the Constitution, seeking protection and recovery of the critically endangered GIB (Great Indian Bustard).
- On 19th April, 2021, the Hon’ble Apex Court issued directions relating to the conservation of the species, including, inter alia,
- Restricting the setting up of overhead transmission in order to protect the potential habitats of the GIB.
- Future underground laying of the low voltage powerlines to be laid in the priority and potential habitats of GIB.
- Appointment of a committee for assessing the feasibility of laying high voltage underground power lines.
- Following the order, IA No 149293 of 2021 was filed by the respondents on 17th November, 2021, seeking modifications in the above judgment, citing grounds, inter alia, the Vast adverse implications of the impugned judgment for the power sector in India and hindrance in shifting energy transition away from fossil fuels due to the restrictions placed upon the setting up of overhead transmission and the non-feasibility of establishment of underground powerlines.
- By the order dated 19th January, 2024, the Court directed the submission of a comprehensive status report indicative of the proposed way forward by the Union Government taking into account both the need for preservation of the GIB which faces a danger of extinction and the need to ensure the development of solar power keeping in mind India’s commitments at the international level.
In pursuance of the above order, the Union of India filed an additional affidavit and an updated, comprehensive status report, which has been taken into consideration by the Hon’ble Court for the deliverance of the present judgment.
[1] 20754_2019_1_25_51677_Judgement_21-Mar-2024.pdf (sci.gov.in)
Author: Ms. Archi Jain
