| Reference Date | Version | October 30, 2024 | 1.0 |
| Keywords | Fundamental Right, Responsible Consumption, Sustainable Development Goals (SDGs), Sustainability, Right to Clean Environment, UNFCCC, Climate Change. |
| Legislation(s)/Policies |
(i) United Nations Agenda 2030 for Sustainable Development 2015 (ii) United Nations Framework Convention on Climate Change (iii) National Solar Mission |
| Jurisdiction | Republic of India |
The evolving legal framework can significantly influence both the timeline and budget of a project. Therefore, seeking expert legal advice from seasoned Energy and Sustainability lawyers is highly beneficial.
Introduction
The Constitution of India (‘Constitution’) guarantees every person certain fundamental rights. Among them are the Right to life or personal liberty except according to procedure established by law and the Right to equality before the law or the equal protection of the laws within the territory of India.
Over time, these fundamental rights have been interpreted in various ways, leading to several other aspects of life becoming inextricably linked to them.
This article examines how the Supreme Court of India (‘the Court’) has interpreted these fundamental rights to include the Right to a Clean Environment and the Right Against the Adverse Effects of Climate Change, aiming to fulfill India’s international obligations and commitments.
Issue Before the Hon’ble Supreme Court of India
The jurisdiction of the Court was invoked for protecting the Great Indian Bustard and the Lesser Florican, in M K Ranjitsinh & Ors. v. Union of India & Ors., MANU/SC/0274/2024.
Sequence of Events
- A Writ Petition invoking the constitutional jurisdiction under Article 32 was instituted for seeking directions relating to the conservation of the Great Indian Bustard (GIB).
- The Court passed an order dated 19 April 2021 imposing restrictions on the setting up of overhead transmission lines in approximately 99,000 square kilometres.
- The Court directed that low voltage powerlines in priority habitats of GIB shall be laid underground.
- The Court appointed a Committee for assessing the feasibility of laying high voltage underground power lines.
- Bird diverters were directed to be installed pending conversion of overhead lines into underground power lines.
- Government authorities later sought modification of the judgment citing renewable energy commitments and technical impracticalities.
- The Union Government submitted that undergrounding all power lines was practically impossible and would impact renewable energy development.
Judicial Deliberation
India’s Commitment Under International Conventions
Attention was drawn to the significant international commitments made by India in its pursuit of global environmental conservation goals.
- India participated in the Kyoto Protocol under the UNFCCC.
- India signed the Paris Climate Change Agreement in 2015.
- India submitted its Intended Nationally Determined Contribution (NDC) to the UNFCCC.
- India aims to achieve approximately 50 percent cumulative electric power installed capacity from non-fossil fuel-based energy resources by 2030.
- India has ambitious renewable energy targets including 450 GW renewable energy capacity by 2030.
The Right to a Healthy Environment
The Court observed that the Right to Life under Article 21 and the Right to Equality under Article 14 are important sources of the right to a clean environment and protection against climate change.
Environmental degradation affects health, food security, water availability, and equality.
The Court recognised the right against the adverse effects of climate change as a distinct constitutional right.
Importance of Solar Energy
Solar energy holds a central place in India’s National Action Plan on Climate Change.
The National Solar Mission aims to establish India as a global leader in solar energy.
India’s goal to achieve 500 GW of non-fossil-based electricity generation capacity by 2030 aligns with its Net Zero target by 2070.
The International Solar Alliance (ISA) and One Sun One World One Grid (OSOWOG) initiatives further support global renewable energy collaboration.
Climate Change Litigation
The Court noted that climate change litigation is becoming increasingly significant across jurisdictions worldwide.
Courts are increasingly balancing environmental protection, sustainable development, and human rights.
Reasons for Modification of the 19 April 2021 Judgment
- It was not feasible to convert all transmission lines into underground power lines.
- India’s renewable energy commitments required infrastructure expansion in Rajasthan and Gujarat.
- Conservation of the Great Indian Bustard and climate protection required a balanced approach.
- India’s international environmental obligations needed to be considered.
- The Court recognised that environmental policy decisions require expert evaluation and technical review.
Decision of the Court
The Court constituted an Expert Committee for various purposes including:
- Determining the feasibility of overhead and underground electric lines.
- Identifying conservation measures for the Great Indian Bustard.
- Evaluating climate change impacts on GIB habitats.
- Developing adaptive management strategies for wildlife protection.
- Balancing renewable energy development with biodiversity conservation.
The injunction imposed in the order dated 19 April 2021 was recalled subject to conditions laid down by the Expert Committee.
The Committee was requested to submit its report through the Union Government.
Viewpoint
The judgment highlights that Article 21 and Article 14 of the Constitution are important sources of the Right to a Clean Environment and the Right Against the Adverse Effects of Climate Change.
The Court attempted to give effect to international treaties and environmental commitments even in the absence of specific domestic legislation.
The judgment also raises important constitutional questions regarding the relationship between international obligations and domestic law.
India’s commitment towards net-zero emissions by 2070 and sustainable development goals continues to shape environmental jurisprudence in the country.
The judgment reflects the growing importance of balancing biodiversity conservation, renewable energy development, and constitutional rights.
Legal Support in the Energy and Sustainability Sector
Ashwini Panwar (Mr) and Rachit Singh (Mr)
Associate at Alaya Legal
