Supreme Court Appoints Expert Committee To Conserve Great Indian Bustard

The Supreme Court of India recently issued a slew of directions to be implemented by the Government of India aimed at conserving the critically endangered bird - Great Indian Bustard.

In a seminal judgment which accentuates climate change and ecology, bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra constituted an expert committee to look into the issue of conservation of the endangered bird - the Great Indian Bustard. The Court underscored that Article 21 recognises the right to life and personal liberty while Article 14 indicates that all persons shall have equality before law and the equal protection of laws.

"These articles are important sources of the right to a clean environment and the right against the adverse effects of climate change," the Court added.

The Court interconnected Articles 21 and 14 of the Constitution of India and observed that, "If climate change and environmental degradation lead to acute food and water shortages in a particular area, poorer communities will suffer more than richer ones. The right to equality would undoubtedly be impacted in each of these instances."

The Court modified its blanket order passed in the year 2021 directing undergrounding of all high voltage cables to protect the Great Indian Bustard.

The Court observed that, "While balancing two equally crucial goals - the conservation of the GIB on one hand, with the conservation of the environment as a whole on the other hand - it is necessary to adopt a holistic approach which does not sacrifice either of the two goals at the altar of the other."

Nawneet Vibhaw, Partner at Shardul Amarchand Mangaldas, and his colleagues at the firm represented the Solar Power Developers Association in the instant matter. Speaking with BW Legal World on the judgment, Vibhaw said that, "This judgment is possibly the first which articulates the right against the adverse effects of climate change. It is very heartening to see that the Hon’ble Supreme Court has reiterated the importance of solar energy in climate change adaptation and mitigation and more importantly in meeting our Net Zero commitments. It is very heartening that the Hon’ble Supreme Court has appreciated the nuanced interplay between protecting biodiversity and mitigating the impact of climate change. This judgment shows that we have a mature understanding of what ‘sustainable development’ stands for. This landmark judgment by the Hon’ble SC will go a long way in shaping the climate change related jurisprudence in India."

Sudhir Mishra, Founder and Managing Partner, Trust Legal, speaking with BW Legal World, said that, "This is a watershed judgement as for the first time species conservation, air pollution, climate change, international climate conventions and its interface with renewable energy needs of future has been so elaborately discussed."

The Court constituted an expert committee for the conservation of the Great Indian Bustard and to assess the alternative of high voltage overhead cables. The Committee has been requested to complete its task and submit a report by July 31, 2024.