In a groundbreaking decision addressing the intersection of environmental conservation, renewable energy infrastructure, and fundamental rights, the Supreme Court of India has reaffirmed the fundamental right to a healthy environment, free from the adverse effects of climate change, as enshrined in the Constitution of India.

The bench, led by Chief Justice Dr. Dhananjaya Y Chandrachud, alongside Justice JB Pardiwala and Justice Manoj Misra, revisited the pivotal case of M.K. Ranjitsinh Vs. Union of India 2021, particularly focusing on the prohibition of overhead transmission lines and its impact on endangered species like the Great Indian Bustard (GIB) and the Lesser Florican. The bench also issued a series of directives aimed at reconciling renewable energy development with wildlife conservation imperatives.

The journey towards this recent decision traces back to a Writ Petition filed in 2019 by the petitioner, M.K. Ranjitsinh, which led to significant restrictions on the establishment of overhead transmission lines across vast territories. These restrictions were coupled with directives for the conversion of such lines to underground systems within a stipulated timeframe, emphasizing the need for environmental conservation while acknowledging the looming threats posed by climate change.

The recent proceedings highlighted the critical plight of the GIB, teetering on the brink of extinction due to various factors, including habitat loss and human-made infrastructure like overhead transmission lines. The unique physiology of these birds, with eyes positioned on the top of their heads, renders them susceptible to collisions, leading to fatalities and endangering the species' survival. The International Union for Conservation of Nature (IUCN) has long classified the GIB as a "critically endangered" species since 2011, underscoring the urgent need for protective measures.

Central to the Supreme Court's decision was the intersection of constitutional rights and environmental imperatives. The Court elucidated on India's obligations under international conventions to combat climate change and safeguard biodiversity, weaving together constitutional provisions such as Article 48A (Directive Principles of State Policy), Clause (g) of Article 51A (Fundamental Duties), and Articles 14 (Right to Equality) and 21 (Right to Life) of the Constitution.

Drawing from precedents such as M.C. Mehta Vs. Kamal Nath & Ors 2000, the Court emphasized that environmental rights must be viewed through the lens of fundamental rights, particularly the right to a clean and healthy environment. It underscored the disproportionate impact of climate change on marginalized communities and stressed the State's duty to ensure environmental well-being for all citizens.

Importantly, the Court recognized the complexity of balancing environmental conservation with sustainable development, especially concerning energy infrastructure projects like power transmission lines. It acknowledged the need for renewable energy sources like solar power to mitigate climate change while ensuring species conservation.

The Court's decision to constitute an Expert Committee signifies a nuanced approach to address these challenges. The Committee's mandate includes assessing the feasibility of bird diverters for overhead power lines, aligning with technical parameters set by relevant authorities, and submitting a comprehensive report by July 31, 2024.

Case: M K Ranjitsinh & Ors. vs Union of India & Ors,

Civil Writ Petition No. 838 of 2019.

Click to read/download judgment.