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M.K. Ranjitsinh & Ors. vs. Union of India & Ors.

Not available · 2024 INSC 280Decided 21 Mar 2024
Not available

Background

This writ petition sought protection for the Great Indian Bustard (GIB) and the Lesser Florican, both critically endangered bird species native to grassland regions of Rajasthan and other states, whose populations were being harmed partly by collisions with overhead high-voltage power transmission lines. An earlier Supreme Court order dated 19 April 2021 had directed that such power lines in priority and potential GIB habitats be laid underground wherever feasible. The Union of India and power/renewable-energy companies sought modification of that order, arguing it was impractical and would also hamper India's solar and wind energy expansion, which is itself part of the country's climate change mitigation commitments.

Decision Breakdown

The Court undertook an extensive discussion of India's international climate commitments, the importance of solar and wind power in combating climate change, and recognised, for the first time explicitly, a constitutional right of people to be free from the adverse effects of climate change, flowing from the right to life and equality under Articles 21 and 14. Balancing bird conservation against the pressing need to expand renewable energy, the Court modified its 19 April 2021 order: rather than mandating undergrounding of power lines across a broad designated area, it directed the constitution of an expert committee to assess the feasibility of undergrounding versus other mitigation measures (like bird diverters), on a more calibrated, site-specific basis, along with a broader ten-year GIB conservation and habitat-restoration programme.

Lesson Learnt

The Supreme Court recognised a standalone constitutional right to be free from the adverse effects of climate change, while also showing that environmental protection and clean-energy development are not necessarily opposed. Courts can craft calibrated, evidence-based solutions rather than blanket mandates when two important public interests (species conservation and renewable energy) come into tension.

Official source (sci.gov.in)View Judgment (PDF)

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