2024 (5) TMI 831 - SC - Indian Laws

Invocation of constitutional jurisdiction under Article 32 - seeking directions relating to the conservation of the species - Right to a healthy environment and freedom from adverse effects of climate change - Balance between conservation efforts and renewable energy development - HELD THAT - The right to a healthy environment encapsulates the principle that every individual has the entitlement to live in an environment that is clean, safe, and conducive to their well-being. By recognizing the right to a healthy environment and the right to be free from the adverse effects of climate change, states are compelled to prioritize environmental protection and sustainable development, thereby addressing the root causes of climate change and safeguarding the wellbeing of present and future generations. It is imperative for states like India, to uphold their obligations under international law, including their responsibilities to mitigate greenhouse gas emissions, adapt to climate impacts, and protect the fundamental rights of all individuals to live in a healthy and sustainable environment. India's commitment to promoting renewable energy sources, particularly in regions like Gujarat and Rajasthan, aligns with its broader sustainable development objectives. By transitioning towards solar power and other renewable energy sources, India aims to not only reduce carbon emissions but also improve energy access, foster economic growth, and create employment opportunities - India s commitment to sustainable development is also underpinned by its international obligations and commitments. As a signatory to various international conventions and agreements, including the UNFCCC and the Convention on Biological Diversity, India has pledged to uphold principles of environmental stewardship, biodiversity conservation, and climate action on the global stage. Through partnerships, knowledge sharing, and collaborative action, India seeks to amplify the impact of its sustainable development efforts, contributing to collective efforts aimed at addressing global challenges. The Union of India and the concerned ministries are directed to implement the measures described in the preceding paragraph, which it has undertaken to implement. Further, they are directed to continue implementing the measures detailed in paragraph 8(d) of this judgment. The directions contained in the order dated 19 April 2021 shall accordingly stand substituted by those contained in the present judgment. The project clearances which have been granted pursuant to the recommendations of the earlier committee appointed in terms of the order dated 19 April 2021 shall not be affected by the present judgment. List in the second week of August 2024 for consideration of the report of the expert committee appointed in terms of the present judgment.

Summary

Issues Involved:
1. Conservation of the Great Indian Bustard (GIB).
2. Modification of the judgment dated 19 April 2021.
3. India's commitment under international conventions.
4. The right to a healthy environment and the right to be free from the adverse effects of climate change.
5. Importance of solar power as a source of renewable energy.
6. Climate change litigation in other jurisdictions.

Summary:

1. Conservation of the Great Indian Bustard (GIB):
The GIB, classified as 'critically endangered' by IUCN, faces threats from habitat loss, overhead transmission lines, and predators. A writ petition u/s Article 32 sought urgent directions for GIB conservation, including installation of bird diverters, dismantling power lines, and creating predator-proof enclosures.

2. Modification of the judgment dated 19 April 2021:
The Supreme Court's 19 April 2021 judgment imposed restrictions on overhead transmission lines in GIB habitats. The Union of India sought modification, citing adverse implications for the power sector and international commitments to renewable energy. The Court acknowledged the technical infeasibility of undergrounding high-voltage lines and the need for a balanced approach to conservation and renewable energy development.

3. India's commitment under international conventions:
India's commitments under the Kyoto Protocol and Paris Agreement include reducing emissions and transitioning to renewable energy. The Paris Agreement mandates that each Party communicate a nationally determined contribution every five years. India aims to achieve 50% cumulative electric power installed capacity from non-fossil fuel-based energy resources by 2030.

4. The right to a healthy environment and the right to be free from the adverse effects of climate change:
The right to a clean environment is recognized under Articles 14 and 21 of the Constitution. The Court emphasized the need to articulate the right against the adverse effects of climate change, highlighting the impact on vulnerable communities and the importance of sustainable development.

5. Importance of solar power as a source of renewable energy:
Solar power is crucial for reducing reliance on fossil fuels and mitigating climate change. India has significant solar energy potential, with initiatives like the National Solar Mission and the International Solar Alliance promoting solar energy adoption. The geographical landscape of Gujarat and Rajasthan is ideal for solar power generation.

6. Climate change litigation in other jurisdictions:
Internationally, courts have addressed climate change-related cases, emphasizing the state's duty to adopt ambitious climate policies. The Dutch Supreme Court in Urgenda Foundation case, and other cases like Sacchi v. Argentina and Ioane Teitiota v. The Chief Executive of the Ministry of Business, Innovation and Employment, highlight the global judicial response to climate change.

Modification of the Judgment:
The Court recognized the need to balance GIB conservation with renewable energy development. It appointed an Expert Committee to assess the feasibility of underground and overhead power lines in GIB habitats and recommend suitable conservation measures. The Committee's remit includes evaluating climate change impacts on GIB habitats and engaging stakeholders for collaborative efforts.

The Court directed the Union of India and relevant ministries to implement conservation measures for the GIB and continue efforts to meet international commitments for renewable energy. The injunction on overhead transmission lines in priority and potential areas was recalled, subject to the Committee's recommendations. The Committee is to submit its report by 31 July 2024.