Indian Law Research

SUPREME COURT OF INDIA

M.K. Ranjitsinh v. Union of India

Decision date:

21 March 2024 · 2024 INSC 280

Steps needed to protect the Great Indian Bustard from potential extinction.

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Source and extraction notes

Official source

Draft summary

AI-assisted historical explanation. Independently checked against the source by an AI reviewer. Not reviewed by a lawyer. This historical summary does not certify the current legal position.

In one sentence

The Court replaced blanket transmission-line directions with an expert-led conservation framework.

Question decided

How should Great Indian Bustard protection be balanced with renewable-energy infrastructure?

Key holdings

Outcome

Revised directions were issued in continuing proceedings, with a further hearing for the committee report.

Source PDF pages: 44, 45, 46, 47, 48, 49, 50, 51.

Plain-English explanation

The litigation concerned a threatened bird species and collisions with electricity infrastructure in its habitat. The Court considered the technical difficulty of universal undergrounding, the role of renewable energy and the continuing need for species protection. It moved to a more differentiated approach informed by an expert committee. The judgment also discussed climate change through the constitutional rights to equality and life. That reasoning should not obscure the actual operative directions, which addressed particular areas, infrastructure and conservation measures. Nor did the Court give all renewable projects a general exemption from environmental obligations. The proceedings continued after this judgment. A current account must therefore consult later committee reports and orders instead of presenting the March 2024 arrangement as the final implementation position.

Relevant law

Opinions

Three-judge bench; Chief Justice Chandrachud authored the judgment.

Research notes and limits

Continuing case: check subsequent committee reports and orders before describing current restrictions.

Judgment - source material

All pages of the downloaded court document follow, including separate opinions, annexures and any final joint order. This is machine-extracted original text, not an AI rewrite. Use the PDF to check exact wording.

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2024 INSC 280
Reportable  
 
 
IN THE SUPREME COURT OF INDIA 
ORIGINAL CIVIL JURISDICTION 
 
 
Writ Petition (Civil) No. 838 of 2019  
 
 
 
M K Ranjitsinh & Ors.                                    … Petitioners 
 
 
 
Versus  
 
 
Union of India & Ors.                                    …Respondents  
 
 
 
 
 
 
And with 
 
Civil Appeal No. 3570 of 2022

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J U D G M E N T 
 
 
Dr Dhananjaya Y Chandrachud, CJI 
 
 
Table of Contents 
A. The Great Indian Bustard ....................................................................................................... 3 
B. The judgment dated 19 April 2021 and subsequent developments .................................... 6 
C. The mission to combat climate change............................................................................... 12 
I. India’s commitment under international conventions .................................................... 12 
II. The right to a healthy environment and the right to be free from the adverse effects of 
climate change .......................................................................................................................... 17 
III. Importance of solar power as a source of renewable energy ........................................ 26 
IV. Climate change litigation in other jurisdictions .......................................................... 31 
D. The reasons for the modification of the judgement dated 19 April 2021 .......................... 34

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1. The jurisdiction of this Court has been invoked for protecting the Great Indian 
Bustard1  and the Lesser Florican, both of whom are on the verge of extinction.  
Given the importance of the issue at hand, a brief background of various aspects 
which pertain to the matter are discussed below.  
A. The Great Indian Bustard  
2. The GIB (the scientific name of which is ardeotis nigriceps) is native to southern and 
western India. It typically occupies grasslands or arid regions . The State of 
Rajasthan is home to a majority of the current population. With time, the country has 
seen a rapid and steady decline in the population of the GIB. As of 2018, the 
International Union for Conservation of Nature, or IUCN as it is popularly known, 
classified the GIB as a ‘critically endangered’ species. In IUCN’s system of 
classification, only two categories indicate a graver threat to a particular species – 
‘extinct in the wild’ and ‘extinct’. The GIB has been classified as a critically 
endangered species fr om 2011 unti l the most recent assessment in 2018. From 
1994 to 2008, it was classified as ‘endangered’ and in 1988, it was labelled 
‘threatened’. IUCN notes the justification for its classification of the GIB as a critically 
endangered species in the following terms:
2 
“This species is listed as Critically Endangered 
because it has an extremely small population that 
has undergone an extremely rapid decline owing to 
a multitude of threats including habitat loss and 
degradation, hunting and direct disturbance. It now 
requires an urgent acceleration in targeted 
 
1 “GIB” 
2 IUCN Red List, ‘Great Indian Bustard’ <https://www.iucnredlist.org/species/22691932/134188105#population>

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conservation actions in order to prevent it from 
becoming functionally extinct within a few decades.” 
 
 
3. The Rajasthan government estimated that only about 125 GIBs were present in the 
year 20133 while IUCN placed the number of mature GIBs between 50 and 249. 4 
There are significant factors bearing upon the dwindling numbers and low rate of  
reproduction of the existing population of these species. Pollution, climate change, 
predators and competition with invasive species are among the many threats that 
exacerbate the challenges faced by these vulnerable species.  The attrition of the 
existing population of these endangered birds has been partly attributed to overhead 
transmission lines. GIBs usually lay a single egg which has an incubation period of 
approximately one month. The GIBs nest on open ground or in cavities in the soil. 
Consequently, their eggs are also laid and incubated on the ground. The eggs are 
therefore at risk of being preyed upon  by local predators including mongooses, 
monitor lizards, and other birds. Cows may also trample on or crush the eggs while 
grazing in the grasslands. The loss of habitat is also a serious concern. As humans 
have expanded their settlements and economic activities into the grasslands, the 
natural habitat of the GIB has diminished. The expansion of human population and 
accompanying activities has also resulted in the fragmentation of the GIB’s habitat. 
The expansion of infrastructure such as roads,  mining and farming activities have 
cumulatively contributed to the dangers faced by the avian species.    
 
3 Government of Rajasthan, Forest Department, ‘Project Great Indian Bustard’ 
<https://forest.rajasthan.gov.in/content/raj/forest/en/footernav/department-wings/project-great-indian-bustard.html> 
4 IUCN Red List (n 2).

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4. In the context of the dwindling population of GIBs and the existential threat looming 
over them, a writ petition invoking the constitutional jurisdiction under Article 32 -  
Writ Petition (Civil) No 838 of 2019 - was instituted for seeking directions relating to 
the conservation of the species. The petitioner inter alia sought that this Court: 
a. Issue d irections to the respondents to urgently frame and implement an 
emergency response plan for the protection and recovery of the GIB, including 
directions for the installation of bird diverters, an immediate embargo on the 
sanction of new projects and the renewal of leases of existing projects, 
dismantling power lines, wind turbines, and solar panels in and around critical 
habitats, installation of predator -proof enclosures in breeding habitats, 
implementation of a population control program for dogs, provision of no-grazing 
zones and restricted grazing zones in critical and semi -critical habitats, a 
prohibition on the use of insecticides and pesticides within a radius of 5 km  of 
critical habitats  and a prohibition on the encroachment of grasslands in and 
around critical and semi-critical habitats; 
b. Issue directions to the concerned respondents to submit a report on the status 
of the breeding centres at Jaisalmer, Sorsan, and Velavadar; 
c. Issue directions to the concerned respondents to take all measures necessary 
for the protection of grasslands including by ensuring that no remaining 
grasslands are classified as ‘wastelands’ and diverted to other uses, adopting a 
grasslands conservation policy, and adopting a national grazing policy;

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d. Issue directions to the Ministry of Defence (Respondent No. 2) to sensitise the 
armed forces about the need for conservation of the GIB and to collaborate with 
scientific bodies in conservation efforts; 
e. Appoint an E mpowered Committee to oversee the implementation of the 
directions issued by the Court, to preserve and manage the endangered species 
and their habitats; and 
f. Issue a declaration that the two endangered birds constitute one meta population 
of the nation and that all state authorities are bound to cooperate and take all 
steps necessary to ensure their conservation and to implement the decisions of 
the Empowered Committee. 
B. The judgment dated 19 April 2021 and subsequent developments 
5. In the order of this  Court dated 19 April 2021, restrictions were imposed on the 
setting up of overhead transmission lines in a large swath of territory of about 99,000 
square kilometres. These directions were in IA No 85618 of 2020 in Writ Petition 
(Civil) No 838 of 2019. In the operative directions, this Court, observed : 
“ 14. In the light of the contentions urged on this 
aspect of the matter, we are conscious that the 
laying of the underground power line more 
particularly of high- voltage though not impossible, 
would require technical evaluation on case- to-case 
basis and an omnibus conclusion cannot be reached 
laying down a uniform method and directions cannot 
be issued unmindful of the fact situation. Though that 
be the position the consensus shall be that all low 
voltage powerlines to be laid in the priority and 
potential habitats of GIB shall in all cases be laid

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underground in future. In respect of low voltage 
overhead powerlines existing presently in the priority 
and potential habitats of GIB, the same shall be 
converted into underground powerlines. In respect of 
high-voltage powerlines in the priority and potent ial 
habitats of GIB, more particularly the powerlines 
referred in the prayer column of I.A. No.85618/2020 
and indicated in the operative portion of this order 
shall be converted into underground power line.” 
 
6. This Court appointed a committee for assessing the feasibility of laying high voltage 
underground power lines.  In paragraph 18 of its order, this Court directed that in all 
cases where overhead power lines exist as on date in the priority and potential GIB 
areas, steps shall be taken to install bird diverters pending consideration of the 
conversion of overhead power lines into underground power lines. Moreover, the 
court directed that in all cases, where it is found feasible to convert the overhead 
lines to underground power lines, this  shall be undertaken and completed within a 
year. 
7. The order of this Court has been implemented by the Committee by granting case-
specific sanctions to projects where undergrounding was found not to be possible. 
Respondent Nos 1, 3, and 4 (the Ministry of Environment, Forest s, and Climate 
Change, the Ministry of Power, and the Ministry of New and Renewable Energy 
respectively) filed IA No 149293 of 2021 on 17 November 2021 for modification of 
the directions issued by the judgment of this Court dated 19 April 2021. The grounds 
on which modification was sought are indicated below in brief:  
a. The judgment has vast adverse implications for the power sector in India

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and energy transition away from fossil fuels; 
b. Respondent No. 4 was not heard before passing the judgment; 
c. India has made International commitments including under the agreement 
signed in Paris in 2015 under the United Nations Framework Convention on 
Climate Change 5 for transition to non- fossil fuels and for the reduction of 
emissions. The area in respect of which the directions were issued is much 
larger than the actual area in which the GIBs dwell. Moreover, that area 
contains a very large proportion of the solar and wind energy potential of the 
country; 
d. Undergrounding high voltage power lines is technically not possible; and 
e. The coal fired power which would be used to replace the untapped energy 
from renewable sources in the concerned area would cause pollution.  
8. By an order dated 19 January 2024, this Court directed as follows:  
“1 (The) Attorney General for India states that a 
comprehensive status report will be filed before this 
Court indicating the way forward as proposed by the 
Union Government which would take into account 
both the need for preservation of the Great Indian 
Bustard which faces a danger of extinction and need 
to ensure the development of solar power keeping in 
mind India’s commitments at the international level. 
 
2 The Union of India shall place its status report on 
the record... 
 
 
5 “UNFCCC”

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3 In the meantime, we direct (i) the Chief Secretaries 
of the States of Gujarat and Rajasthan; and (ii) the 
Committee appointed by this Court, to file updated 
status reports. 
 
…”  
 
 
9. In pursuance of this order, the Union of India has filed an additional affidavit and an 
updated, comprehensive status report . In the course of its affidavit, the Union of 
India has submitted that: 
a. The reduction in the population of GIBs began in the 1960s, much 
before the electrification of the area and the construction of 
transmission lines. Research indicates that the reasons for the 
dwindling population include a low birth rate, poaching, habitat  
destruction and predation. The use of insecticides and pesticides has 
resulted in the reduction of locusts and grasshoppers, which form an 
essential part of the prey of GIBs. The livestock population has also 
increased due to which there has been overgrazing in the pastures; 
b. The direction by this Court for laying high voltage, or as the case may 
be, low voltage lines underground is practically impossible to 
implement; 
c. The Union Government has a commitment at the international level to 
reduce India’s carbon footprint and  recourse to renewable sources of 
energy including solar installations provides the key to the

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implementation of these commitments; 
d. The Union of India as well as the concerned state governments are  
taking comprehensive steps for the conservation and protection of the 
endangered species of the GIB. They are:  
i. The GIB is listed in Part III of Schedule I of the Wild Life (Protection) 
Act 1972. The species listed in Schedule I are granted the highest 
level of protection from hunting, in terms of this statute; 
ii. Under the centrally sponsored scheme titled ‘Development of Wildlife 
Habitats’, financial and technical assistance is being provided to the 
state governments for the conservation of the habitat of the GIB; 
iii. The Forest departments of the states of Rajasthan, Maharashtra, and 
Gujarat, in collaboration with the Wildlife Institute of India,6 Dehradun, 
are carrying out conservation breeding with the aim of building a 
captive population of the species for release in the wild  and 
promoting in-situ conservation of the species;  
iv. The Government of India has launched a program called the ‘Habitat 
Improvement and Conservation Breeding of Great Indian Bustard’ in 
2016 for in- situ conservation of the GIB. It is being implemented in 
 
6 “WII”

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collaboration with the Government of Rajasthan; 
v. At present, conservation breeding facilities are operational at Sam 
and Ramdeora in Jaisalmer. A partial founder population of the GIB 
consisting of twenty -one individuals and seven chicks has been 
secured. The chicks were artificially hatched from eggs collected from 
the wild. Captive breeding has been commenced;  
vi. The conservation project is being supervised by a team of three 
scientists, three veterinarians, eighteen project associates, and forty 
local support staff;  
vii. The WII has entered into a Memorandum of Understanding with the 
International Fund for Houbara Conservation which is dedicated to 
the conservation of the Houbara Bustard. The MoU outlines various 
areas of collaboration including training of staff, technical support and 
advice, and the supply of bird cages and food pellets in the initial 
stages of the conservation program; and 
viii. A study of international efforts to conserve other species of bustards 
as well as other birds indicates that large swathes of land have not 
been closed off as a strategy of conservation. Instead, artificial 
insemination techniques have been used in concert with constructing 
enclosures in which chicks are nurtured until they are less vulnerable 
to predators. Such chicks are then released into the wild. This

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strategy has proved successful and the G overnment of India is 
replicating it with respect to the GIB. 
e. A blanket direction of the nature that has been imposed by this Court, 
besides not being feasible to implement, would also not result in 
achieving its stated purpose, i.e., the conservation of the GIB. 
10. Prior to adjudicating the application for modification, it is necessary to briefly advert 
to India’s obligations towards preventing climate change and tackling its adverse 
effects. This will assist the Court to take a decision based upon a holistic view of 
competing considerations.  
C. The mission to combat climate change   
I. India’s commitment under international conventions 
11. India has made significant international commitments in its pursuit of global 
environmental conservation goals. India was a participant in the Kyoto Protocol, 
which came into force on February 16, 2005. This international agreement, linked 
to the UNFCCC, obligates its Parties to establish binding emission reduction targets. 
The Protocol allows countries to meet these targets through national measures and 
offers additional mechanisms such as International Emissions Trading, Clean 
Development Mechanism, and Joint Implementation. 
12. The UNFCCC is founded on the recognition that climate change is a global issue

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demanding a collective global response. 7 As greenhouse gas emissions originate 
from the territories of all nations and also impact  all nations, it is imperative that all 
countries undertake measures to address this challenge. This fundamental premise 
is articulated in the preamble of the UNFCCC:  
“Acknowledging that the global nature of climate 
change calls for the widest possible cooperation 
by all countries and their participation in an 
effective and appropriate international response, 
in accordance with their common but 
differentiated responsibi lities and respective 
capabilities and their social and economic 
conditions,  
 
…  
 
Recalling also that States have … the 
responsibility to ensure that activities within their 
jurisdiction or control do not cause damage to the 
environment of other States or of areas beyond 
the limits of national jurisdiction.” 
 
13. The primary objective of the UNFCCC is to stabilize greenhouse gas concentrations 
in the atmosphere to prevent dangerous human- induced interference with the 
climate system, as articulated in Article 2. 8 Article 3 elaborates on the principles 
guiding this objective. Notably, Article 3(1) underscores the responsibility of parties 
to protect the climate system for the benefit of present and future generations, based 
on equity and in line with their capabilities.9 Article 3(3) emphasizes the importance 
of precautionary measures to anticipate, prevent, or minimize the causes and 
 
7 United Nations Framework Convention on Climate Change: resolution / adopted by the General Assembly (Adopted 20 
January 1994). 
8 Ibid, art 2. 
9 Ibid, art 3(1).

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adverse effects of climate change.10 
14. At the 18th Conference of the Parties in Doha, Qatar in December 2012 11, States 
reaffirmed their commitment to addressing climate change and laid the groundwork 
for greater ambition and action. Among various decisions, they set a timetable to 
adopt a Universal Climate Agreement by 2015. The objective was to build 
consensus on a binding and universal agreement which would limit greenhouse gas 
emissions to levels that would prevent global temperatures from increasing more 
than 2 degrees Celsius (3.6 degrees F) above the temperature benchmark set 
before the Industrial revolution.  The COP 21 meeting was convened in Paris in 
December 2015, where 196 countries , including India   signed a new Climate 
Change A greement on 12 December 2015. 12 This is termed as the Paris 
Agreement.13  
 
15. In the build-up to the Paris meeting, the UN had called upon parties to submit their 
plans on how they intended to reduce their greenhouse emissions. India submitted 
its Intended Nationally Determined Contribution (NDC) to the UNFCCC on October 
2, 2015. The Paris Agreement mandates that each Party communicate a nationally 
determined contribution every five years.  India communicated an update to its first 
NDC submitted earlier on 2 October 2015, for the period up to 2030. India's 
 
10 Ibid, art 3(3). 
11 “The Doha Climate Gateway” 
12 Conference of the Parties, Adoption of the Paris Agreement (Adopted 12 December 2015). U.N. Doc. 
FCCC/CP/2015/L.9/Rev/1. 
13 “Paris Agreement”

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commitment under the Paris Agreement includes the following key features14: 
a. To achieve approximately 50 per cent cumulative electric power installed 
capacity from non-fossil fuel-based energy resources by 2030, with support from 
the transfer of technology and low-cost international finance, including from the 
Green Climate Fund; 
b. To enhance investments in development programs in sectors vulnerable to 
climate change, particularly agriculture, water resources, the Himalayan region, 
coastal areas, health, and disaster management, to better adapt to climate 
change impacts; and 
c. To establish domestic frameworks and international architectures for the rapid 
dissemination of cutting-edge climate technology in India and to engage in joint 
collaborative research and development for future climate technologies. 
As part of its pledge, India has committed to transitioning to non- fossil fuel sources 
and reducing emissions. 
16. One of the key strategies in India's efforts towards sustainability is the ambitious 
target for renewable energy capacity installation. By 2022, India aimed to achieve 
an installed renewable energy capacity (excluding large hydro) of 175 GW  
(Gigawatts), a goal that signifies the country's commitment to clean energy adoption. 
 
14 See UNFCCC, India’s Updated First Nationally Determined Contribution Under Paris Agreement (2021- 2030). 
https://unfccc.int/sites/default/files/NDC/202208/India%20Updated%20First%20Nationally%20Determined%20Contrib.pdf

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Looking ahead, India has set an even more ambitious target for 2030, aiming to 
ramp up its installed renewable energy capacity to 450 GW. This long- term goal 
underscores India's recognition of the urgent need to accelerate the transition 
towards renewable energy to mitigate the impacts of climate change and achieve 
sustainable development. 
17. To achieve these targets, India has implemented various policy measures and 
initiatives to promote renewable energy investment, innovation, and adoption. As 
highlighted in the Union's additional affidavit, India's commitment to transitioning to 
non-fossil fuels is not just a strategic energy goal but a fundamental necessity for 
environmental preservation. Investing in renewable energy not only addresses 
these urgent environmental concerns but also yields a plethora of socio- economic 
benefits. By shifting towards renewable energy sources, India enhances its energy 
security, reducing reliance on volatile fossil fuel markets and mitigating the risks 
associated with energy scarcity. Additionally, the adoption of renewable energy 
technologies helps in curbing air  pollution, thereby improving public health and 
reducing healthcare costs.  
18. The promotion of renewable energy sources plays a crucial role in promoting social 
equity by ensuring access to clean and affordable energy for all segments of society, 
especially in rural and underserved areas. This contributes to poverty alleviation, 
enhances quality of life, and fosters inclusive growth and development across the 
nation. Therefore, transitioning to renewable energy is not just an environmental

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imperative but also a strategic investment in India's future prosperity, resilience, and 
sustainability. 
II. The right to a healthy environment and the right to be free from the adverse 
effects of climate change  
19. India’s efforts to combat climate change are manifold. Parliament has enacted the 
Wild Life (Protection)Act 1972, the Water (Prevention and Control of Pollution) Act 
1974, the Air (Prevention and Control of Pollution) Act 1981, the Environment 
(Protection) Act 1986, the National Green Tribunal Act 2010, amongst others. In 
2022, the Energy Conservation Act 2001 was amended to empower the Central 
Government to provide for a carbon credit trading scheme.
15 The Electricity 
(Promoting Renewable Energy Through Green Energy Open Access) Rules 2022 
were made in exercise of the powers under the Electricity Act 2003 to ensure access 
to and incentivise green energy. The executive wing of the government has 
implemented a host of projects over the years including the National Solar Mission 
(discussed in greater detail in the subsequent segment), the National Mission for 
Enhanced Energy Efficiency, the National Mission for a Green India, and the 
National Mission on Str ategic Knowledge for Climate Change, amongst others. 
Despite governmental policy and rules and regulations recognising the adverse 
effects of climate change and seeking to combat it, there is no single or umbrella 
legislation in India which relates to clim ate change and the attendant concerns. 
 
15 Energy Conservation Act 2001, Section 14(w).

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However, this does not mean that the people of India do not have a right against the 
adverse effects of climate change.  
20. Article 48A of the Constitution provides that the State shall endeavour to protect and 
improve the environment and to safeguard the forests and wild life of the country. 
Clause (g) of Article 51A stipulates that it shall be the duty of every citizen of India 
to protect and improve the natural environment including forests, lakes, rivers and 
wild life, and to have compassion for living creatures. Although these are not 
justiciable provisions of the Constitution, they are indications that the Constitution 
recognises the importance of the natural world. The importance of the environment, 
as indicated by these provisions, becomes a right in other parts of the Constitution. 
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.  
21. In M.C. Mehta v. Kamal Nath,
16 this Court held that Articles 48A and 51A(g) must 
be interpreted in light of Article 21: 
“8. …. These two articles have to be considered in the 
light of Article 21 of the Constitution which provides 
that no person shall be deprived of his life and liberty 
except in accordance with the procedure established 
by law. Any disturbance of the basic environment 
elements, namely air, water and soil, which are 
necessary for “life”, would be hazardous to “life” within 
the meaning of Article 21 of the Constitution.” 
 
16 (2000) 6 SCC 213.

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22. In Virender Gaur v. State of Haryana,17 this Court recognised the right to a clean 
environment in the following terms: 
“7. … The State, in particular has duty in that behalf 
and to shed its extravagant unbridled sovereign 
power and to forge in its policy to maintain ecological 
balance and hygienic environment. Article 21 
protects right to life as a fundamental right. 
Enjoyment of life and its attainment including their 
right to life with human dignity encompasses within 
its ambit, the protection and preservation of 
environment, ecological balance free from pollution 
of air and water, sanitation without which life cannot 
be enjoyed. Any contra acts or actions would cause 
environmental pollution. Environmental, ecological, 
air, water, pollution, etc. should be regarded as 
amounting to violation of Article 21. Therefore, 
hygienic environment is an integral facet of right to 
healthy life and it would be impossible to live with 
human dignity without a humane and healthy 
environment. Environmental protection, therefore, 
has now become a matter of grave concern for 
human existence. Promoting environmental 
protection implies maintenance of the environment 
as a whole comprising the man- made and the 
natural environment. Therefore, there is a 
constitutional imperative on the State Government 
and the municipalities, not only to ensure and 
safeguard proper environment but also an 
imperative duty to take adequate measures to 
promote, protect and improve both the man- made 
and the natural environment.” 
 
 
23. In Karnataka Industrial Areas Development Board v. C. Kenchappa,18 this Court 
took note of the adverse effects of rising sea levels and rising global temperatures. 
In Bombay Dyeing & Mfg. Co. Ltd. (3)  v. Bombay Environmental Action 
 
17 (1995) 2 SCC 577. 
18 (2006) 6 SCC 371.

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Group,19 this Court recognised that climate change posed a “major threat” to the 
environment.  
24. Despite a plethora of decisions on the right to a clean environment, some decisions 
which recognise climate change as a serious threat, and national policies which 
seek to combat climate change, it is yet to be articulated that the people have a right 
against the adverse effects of climate change. This is perhaps because this right 
and the right to a clean environment are two sides of the same coin. As the havoc 
caused by climate change increases year by year, it becomes necessary to 
articulate this as a distinct right. It is recognised by Articles 14 and 21.  
25. Without a clean environment which is stable and unimpacted by the vagaries of 
climate change, the right to life is not fully realised. The right to health (which is a 
part of the right to life under Article 21) is impacted due to factors such as air 
pollution, shifts in vector -borne diseases, rising temperatures, droughts, shortages 
in food supplies due to crop failure, storms,  and flooding. The inability of 
underserved communities to adapt to climate change or cope with its effects violates 
the right to life as well as the right to equality. This is better understood with the help 
of an example. 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.  
 
19 (2006) 3 SCC 434.

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26. The right to equality may also be violated in ways that are more difficult to remedy. 
For example, a person living in say, the Lakshadweep Islands, will be in a 
disadvantageous position compared to person living in say, Madhya Pradesh when 
sea levels rise and oceanic problems ensue. Similarly, forest dwellers or tribal and 
indigenous communities are at a high risk of losing not only their homes but also 
their culture, which is inextricably intertwined with the places they live in and the 
resources of that place. In India, the tribal population in the Nicobar islands 
continues to lead a traditional life which is unconnected to and separate from any 
other part of the country or world. Indigenous communities often lead traditional 
lives, whose dependence on the land is of a different character from the dependence 
which urban populations have on the land. Traditional activities such as fishing and 
hunting may be impacted by climate change, affecting the source of sustenance for 
such people. Further, the relationship that indigenous communities have with nature 
may be tied to their culture or religion. The destruction of their lands and forests or 
their displacement from their homes may result in a permanent loss of their unique 
culture. In these ways too, climate change may impact the constitutional guarantee 
of the right to equality.  
27. The right to equality under Article 14 and the right to life under Article 21  must be 
appreciated in the context of the decisions of this Court, the actions and 
commitments of the state on the national and international level, and scientific 
consensus on climate change and its adverse effects. From these, it emerges that 
there is a right to be free from the adverse effects of climate change. It is important

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to note that while giving effect to this right, courts must be alive to other rights of 
affected communities such as the right against displacement and allied rights. 
Different constitutional rights must be carefully considered before a decision is 
reached in a particular case. 
28. In 2019, the Committee on the Elimination of Discrimination Against Women, the 
Committee on Economic, Social and Cultural Rights, the Committee on the 
Protection of the Rights of All Migrant Workers and Members of their Families, the 
Committee on the Rights of the Child, and the Committee on the Rights of Persons 
with Disabilities jointly issued a statement in which they recognised that “… State 
parties have obligations, including extra -territorial obligations, to respect, protect 
and fulfil all human rights of all peoples.  Failure to take measures to prevent 
foreseeable human rights harm caused by climate change, or to regulate activities 
contributing to such harm, could constitute a violation of States’ human rights 
obligations.”20 
29. Of late, the intersection between climate change and human rights has been put in 
sharp focus, underscoring the imperative for states to address climate impacts 
through the lens of rights. For instance, the contribution of the UN High 
Commissioner for Human Rights to the 2015 Climate Conference in Paris 
emphasized that climate change directly and indirectly affects a broad spectrum of 
 
20 UN Office of the High Commissioner, Five UN human rights treaty bodies issue a joint statement on human rights and 
climate change, 16 September 2019. <https://www.ohchr.org/en/statements/2019/09/five- un-human-rights-treaty-bodies-
issue-joint-statement-human-rights-and>.

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internationally guaranteed human rights. 21 States owe a duty of care to citizens to 
prevent harm and to ensure overall well -being. The right to a healthy and clean 
environment is undoubtedly a part of this duty of care. States are compelled to take 
effective measures to mitigate climate change and ensure that all individuals have 
the necessary capacity to adapt to the climate crisis. 
30. This acknowledgement of human rights in the context of climate change is 
underscored in the preamble of the Paris Agreement, which recognizes the 
interconnection between climate change and various human rights, including the 
right to health, indigenous rights, gender equality, and the right to development: 
“Acknowledging that climate change is a common 
concern of humankind, Parties should, when taking 
action to address climate change, respect, promote 
and consider their respective obligations on human 
rights, the right to health, the rights of indigenous 
peoples, local communities, migrants, children, 
persons with disabilities and people in vulnerable 
situations and the right to development, as well as 
gender equality, empowerment of women and 
intergenerational equity.” 
 
 
31. The 2015 United Nations Environment Programme report also outlined five human 
rights obligations related to climate change, including both mitigation and adaptation 
efforts.22 In 2018, the UN Special Rapporteur on Human Rights and the Environment 
emphasized that human rights necessitate states to establish effective laws and 
 
21 UN Human Rights Office,  Understanding Human Rights and Climate Change. Submission of the Office of the High 
Commissioner for Human Rights to the 21st Conference of the Parties to the United Nations Framework Convention on 
Climate Change, 26 November 2015.  
22 M. Burger and J. Wentz (eds.),  Climate Change and Human Rights, UNEP: December 2015, p.11, 19. 
<wedocs.unep.org/handle/20.500.11822/9934>

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policies to reduce greenhouse gas emissions, aligning with the framework principles 
on human rights and the environment.23 
32. The Inter-American Court of Human Rights 24 issued an advisory opinion in 2017 
affirming the right to a healthy environment as a fundamental human right. The 
IACtHR delineated state obligations regarding significant environmental harm, 
including cross -border impacts, recognizing the inherent relati onship between 
environmental protection and the enjoyment of various human rights. Violations of 
the right to a healthy environment can reverberate across numerous rights domains, 
including the right to life, personal integrity, health, water, and housing,  as well as 
procedural rights such as information, expression, association, and participation. 
33. In her comprehensive study exploring climate obligations under international law, 
Wewerinke-Singh underscores the imperative for states to both adapt to and 
mitigate the impacts of climate change in alignment with human rights principles. 25 
This resonates deeply with the burgeoning recognition of the right to a healthy 
environment as a fundamental human right within the global discourse on 
environmental protection and sustainability. When discussing the right to a healthy 
environment, it is crucial to address access to clean and sustainable energy. Clean 
energy aligns with the human right to a healthy environment, as first recognized by 
 
23 J.H. Knox, Report of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, 
clean, healthy and sustainable environment, Human Rights Council, A/HRC/37/59 of 24 January 2018 (available at 
<undocs.org/A/HRC/37/59>; See also D.R. Boyd, Statement on the human rights obligations related to climate change, with 
a particular focus on the right to life, 25 October 2018, p. 2 -8.  
24 “IACtHR” 
25 M. Wewerinke-Singh, State Responsibility, Climate Change and Human Rights under International Law, Oxford etc.: Hart 
2019, pp. 108-109 and 130.

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the UN Special Rapporteur on Human Rights and the Environment in 1994.26 
34. Unequal energy access disproportionately affects women and girls due to their 
gender roles and responsibilities such as through time spent on domestic chores 
and unpaid care work. Women in many developing countries spend on average 1.4 
hours a day collecting fuelwood and four hours cooking, in addition to other 
household tasks that could be supported by energy access. 27 The importance of 
prioritizing clean energy initiatives to ensure environmental sustainability and uphold 
human rights obligations cannot be understated. 
35. India faces a number of pressing near-term challenges that directly impact the right 
to a healthy environment, particularly for vulnerable and indigenous communities 
including forest dwellers. The lack of reliable electricity supply for many citizens not 
only hinders economic development but also disproportionately affects 
communities, including women and low -income households, further perpetuating 
inequalities. Therefore, 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, 
 
26 UN Special Rapporteur on Human Rights and the Environment (1994). “Draft Declaration of Principles on Human Rights 
and the Environment.” Report to the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities, UN 
Doc. E/CN.4/Sub.2/1994/9, Appendix. 
27 UN Sustainable Development Goals, Accelerating SDG 7, Achievement Policy Brief - 12 Global Progress of SDG 7—
Energy and Gender, UN High-Level Political Forum. 2018. 
<https://sustainabledevelopment.un.org/content/documents/17489PB12.pdf>

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thereby addressing the root causes of climate change and safeguarding the well -
being 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.  
III. Importance of solar power as a source of renewable energy 
36. There are many sources of air pollution which harm public health and infringe upon 
the right to a healthy environment. High levels of pollution caused by industries and 
vehicular pollution has left Indian cities amongst those with the poorest air quality in 
the world, posing significant health risks to citizens. Addressing these challenges 
requires prioritizing the transition to clean and sustainable energy sources, ensuring 
a healthier environment for all individuals in India, and safeguarding the well -being 
of future generations, with particular attention to the rights and needs of vulnerable 
communities. Therefore, while speaking about climate change, the importance of 
solar power cannot be overstated. In addition to being sustainable and renewable, 
solar energy stands out as a pivotal solution in the global transition towards cleaner 
energy sources. Its significance lies in its capacity to significantly reduce reliance on 
fossil fuels, thereby curbing greenhouse gas emissions responsible for global 
warming and climate change.   
37. India is endowed with vast solar energy potential  and receives about 5,000 trillion 
kWh per year of solar energy, with most regions receiving 4- 7 kWh per sqm per

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day.28 Solar photovoltaic power offers immense scalability in India, allowing for 
effective harnessing of solar energy. Moreover, solar energy  facilitates distributed 
power generation, allowing for rapid capacity addition with short lead times.  The 
impact of solar energy on India's energy landscape has been tangible in recent 
years. Decentralized and distributed solar applications have brought substantial 
benefits to millions of people in Indian villages, addressing their cooking, lighting, 
and other energy needs in an environmentally friendly manner. These initiativ es 
have led to social and economic benefits, including reducing drudgery among r ural 
women and girls, minimizing health risks associated with indoor air pollution, 
generating employment at the village level, and ultimately improving living standards 
and fostering economic activities. Additionally, the solar energy sector in India has 
emerged as a significant contributor to grid-connected power generation capacity. It 
aligns with India’s agenda of sustainable growth and plays a crucial role in meeting 
the nation's energy needs while enhancing energy security. 
 
38. Solar energy holds a central place in India's National Action Plan on Climate 
Change, with the National Solar Mission29 being one of its key initiatives. Launched 
on 11 January 2010, NSM aims to establish India as a global leader in solar energy 
by creating favourable policy conditions for the diffusion of solar technology across 
the country. This mission is in line with India's Nationally Determined Contributions 
 
28 Ministry of New and Renewable Energy, Solar Overview (2023). See also, Ref. REN21’s Global Status Report 2023 & 
IRENA’s Renewable Capacity Statistics 2023. 
 
29 “NSM”

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target, which aims to achieve about 50 per cent cumulative electric power installed 
capacity from non- fossil fuel- based energy resources and reduce the emission 
intensity of its GDP by 45 per cent from 2005 levels by 2030.  India's goal to achieve 
500 GW of non- fossil-based electricity generation capacity by 2030 aligns with its 
efforts to be Net Zero by 2070. In 2023- 24, out of the total generation capacity of 
9,943 MW added, 8,269 is from non-fossil fuel sources. According to the  Renewable 
Energy Statist ics 2023 released by the International Renewable Energy Agency 
(IRENA), India has the 4th largest installed capacity of renewable energy. 30 
39. The International Solar Alliance 31 was formed at the COP21 held in Paris in 2015, 
as a joint effort by India and France. It is an international platform with 94 member 
countries.32 It works with governments to improve energy access and security 
worldwide and promote solar power as a sustainable way to transition to a carbon-
neutral future. ISA's mission is to unlock USD 1 trillion of investments in solar energy 
by 2030 while reducing the cost of the technology and its financing.  It is partnering 
with multilateral development banks, development financial institutions, private and 
public sector organisations, civil society, and other international institutions to deploy 
cost-effective and transformational energy solutions powered by the sun, especially 
in the least Developed Countries33 and the Small Island Developing States34 
 
30 IRENA, ‘Renewable capacity statistics 2023’. International Renewable Energy Agency, Abu Dhabi. 
 < https://www.irena.org/Publications/2023/Mar/Renewable-capacity-statistics-2023>  
31 “ISA”  
32 See International Solar Alliance, ‘Background’ <https://isolaralliance.org/about/background>  
33 “LDCs” 
34 “SIDS”

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40. The idea for the One Sun One World One Grid 35initiative was put forth by India at 
the First Assembly of the ISA in October 2018. 36 The vision behind the OSOWOG 
initiative is the mantra that "the sun never sets". This initiative aims to connect 
different regional grids through a common grid that will be used to transfer 
renewable energy power and, thus, realize the potential of renewable energy 
sources, especially solar energy. 
41. In 2021, the Green Grids Initiative 37 was launched in partnership with OSOWOG 
during the COP26 World Leaders' Summit. The UK and India jointly adopted the 
One Sun Declaration which was endorsed by 92 countries. 38 This represented a 
flagship area for climate collaboration and established the partnership between the 
two initiatives to tackle arguably the greatest global challenge to a clean powered 
future: how to build and operate electricity grids capable of absorbing ever greater 
shares of renewable energy while meeting growing power demands sustainably, 
securely, reliably, and affordably.  
42. It is imperative for India to not only find alternatives to coal -based fuels but also 
secure its energy demands in a sustainable manner.  India urgently needs to shift 
to solar power due to three impending issues.
39 Firstly, India is likely to account for 
25% of global energy demand growth over the next two decades, necessitating a 
 
35 “OSOWOG” 
36 International Solar Alliance,  ‘Annual Report 2020’ , pp. 4. 
<https://isolaralliance.org/uploads/docs/20469ea05e2b897ca9ffec8a17273f.pdf > 
37 “GGI” 
38 Ministry of New Renewable Energy, Green Grids Initiative-One Sun One World One Grid Northwest Europe Cooperative 
Event, (2022) <https://pib.gov.in/PressReleasePage.aspx?PRID=1763712>  
39 See Invest India, ‘One Sun, One World, One Grid: Empowering Sustainability’, 10 January 2024.  
< https://www.investindia.gov.in/team-india-blogs/one-sun-one-world-one-grid-empowering-sustainability>

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move towards solar for enhanced energy security and self -sufficiency while 
mitigating environmental impacts. Failure to do so may increase dependence on 
coal and oil, leading to economic and environmental costs. Secondly, rampant air 
pollution emphasizes the need for cleaner energy sources like solar to combat 
pollution caused by fossil fuels. Lastly, declining groundwater levels and decreasing 
annual rainfall underscore the importance of diversifying energy sources. Solar 
power, unlike coal, does not strain groundwater supplies. The extensive use of solar 
power plants is a crucial step towards cleaner, cheaper, and sustainable energy 
43. The geographical landscape of Gujarat and Rajasthan, characterized by vast 
expanses of arid desert terrain and an abundance of sunlight, positions these 
regions as prime areas for solar power generation. The arid climate of these desert 
regions ensures minimal cloud cover and precipitation, resulting in uninterrupted 
exposure to sunlight for prolonged durations throughout the year. The  consistent 
and intense sunlight creates ideal conditions for photovoltaic (PV) solar panels to 
efficiently convert solar radiation into electricity. Additionally, the relatively flat 
topography of these areas facilitates the installation and operation of large -scale 
solar energy projects, further enhancing their suitability for solar power generation. 
By harnessing this natural advantage, India can significantly reduce its reliance on 
fossil fuels and transition towards cleaner energy sources. Solar power not only 
meets the country's growing energy demands but also helps mitigate the adverse 
effects of climate change by reducing greenhouse gas emissions.

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IV. Climate change litigation in other jurisdictions  
44. Climate change litigation serves as a pivotal tool in advancing rights -based energy 
transitions and promoting energy justice, intertwined with human rights principles.40 
Article 3(1) of the UNFCCC underscores the imperative for parties to safeguard the 
climate system for the well -being of present and future generations, grounded in 
equity and is reflective of their differentiated responsibilities and capabilities. This 
obligation places a particular onus on developed countries to take the lead in 
addressing climate change and its adverse impacts. Moreover, the mechanisms 
established under international climate change law contribute to a more 
comprehensive and cohesive approach to monitoring and implementing Sustainable 
Development Goal 7 (SDG7) (i.e., ensuring access to affordable, reliable, 
sustainable and modern energy for all) and related international obligations.
41 
45. Internationally, courts have been confronted with the challenging task of 
adjudicating cases where significant issues related to climate change are at stake. 
The topics of  environmental degradation, pollution, industries, and infrastructure 
projects have long formed the corpus of cases before courts across countries. Of 
late, however, an increasing number of cases are to do with climate change, in one 
way or another. It is necessary to advert to the judgments from other jurisdictions, 
not because they have precedential value in the adjudication of this case but to 
 
40 J Setzer and R Byrnes, ‘Global Trends in Climate Change Litigation: 2023 Snapshot’, London School of Economics and 
Political Science , (2023). < https://www.lse.ac.uk/granthaminstitute/wp-
content/uploads/2023/06/Global_trends_in_climate_change_litigation_2023_snapshot.pdf>  
41 D Bodansky, ‘The Paris Climate Change Agreement: A New Hope?’ (2016) 110 American Journal of International Law, 
288.

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highlight global trends in climate change litigation and to assess the manner in which 
courts have understood their own role in such litigation.  
46. In State of the Netherlands v. Urgenda Foundation, 42 the respondent sought 
directions to the State of the Netherlands directing it to reduce the emission of 
greenhouse gases. The District Court and the Court of Appeal ruled in favour of the 
respondent. On appeal, the Dutch Supreme Court affirmed the decisions of the 
lower courts. It acknowledged the obligations under Articles 2 (right to life) 43 and 8 
(right to private and family life) 44 of the European Convention on Human Rights, 45 
compelling the State to adopt more ambitious climate policies. The case addressed 
whether the Dutch government was obligated to reduce greenhouse gas emissions 
originating from its territory by at least 25% compared to 1990 levels by the end of 
2020, and whether a judicial intervention was warranted. 
47. The Supreme Court of the Netherlands recognized the direct correlation between 
anthropogenic greenhouse gas emissions and global warming, emphasizing the 
potentially severe consequences of exceeding a 2°C temperature rise, which could 
threaten the right to life and disrupt family life. 46 Additionally, it observed that the 
right to private and family life applies to environmental matters where pollution 
directly impacts these  rights, requiring States to implement "reasonable and 
 
42 The State of the Netherlands (Ministry of Economic Affairs and Climate Policy) v Urgenda Foundation, HR 20 December 
2019, ECLI:NL:HR:2019:2006, para 2.1 
43 Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights, as 
amended), art 2. 
44 Ibid, art 8. 
45 “ECHR” 
46 Ibid.

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appropriate measures" to safeguard individuals from significant environmental 
harm.47 
48. In Sacchi, et al. v. Argentina, et al48 sixteen children from different countries sent 
a communication to the Committee on the Rights of the Child49 alleging violations of 
their rights under the UN Convention on the Rights of the Child 50 by Argentina, 
Brazil, France, Germany, and Turkey. The communication asserted that these 
nations had not reduced their greenhouse gas emissions to an adequate level and 
that they had failed to curb  carbon pollution. Although the CRC found that the 
communication was inadmissible for failure to exhaust domestic remedies , it 
affirmed that States exercise effective control over carbon emissions and bear 
responsibility for transboundary harm arising from such emissions. Notably, it 
observed that while climate change necessitates a global response, individual states 
retain accountability for their actions or inactions concerning climate change and 
their contribution to its effects.  
49. In Ioane Teitiota v. The Chief Executive of the Ministry of Business, Innovation 
and Employment,51 the appellant travelled to New Zealand from Kiribati, a small 
island country in the Pacific Ocean, and remained there after his permit expired. He 
later applied for refugee status and / or protected person status  on the ground that 
sea levels in Kiribati were rising due to climate change. He anticipated being forced 
 
47 Ibid. Para 5.2.3.  
48 Committee on the Rights of the Child, Sacchi et al. v. Argentina (dec.), 22 September 2021, CRC/C/88/D/104/2019. 
49 “CRC” 
50 “UNCRC” 
51 [2015] NZSC 107.

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to leave Kiribati in the future due to this.  The relevant authorities rejected his 
application and the concerned tribunal dismissed the appeal. The appellant sought 
leave to appeal the decision of the tribunal, which was rejected by two appellate 
courts. Finally, the Supreme Court of New Zealand dism issed his application for 
leave to appeal. It held that the appellant would not face serious harm if he returned 
to Kiribati and that there was “ no evidence that the Government of Kiribati [was] 
failing to take steps to protect its citizens from the effects of environmental 
degradation.” Significantly, it also held that its decision in this case would not rule 
out the possibility of a similar application succeeding in an appropriate case in the 
future.  
50. These cases, all instituted and decided in the past decade, indicate the type of 
concerns which will travel to the courts in the next few years.   
D. The reasons for the modification of the judgement dated 19 April 2021 
51. During the course of the hearing, reference has been made to several reports which 
were prepared by the Wild Life Institute of India, identifying 13,663 square 
kilometres as the “priority area”; 80,680 square kilometres as “potential areas”; and 
6,654 square kilometres as “additional important areas” for the GIB.  These areas 
are distributed between the States of Rajasthan and Gujarat.  The tabulation is 
reproduced below: 
AREAS State of  
Rajasthan 
State of 
Gujarat 
Total

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Priority Areas 13,163 sq. kms. 500 sq. kms. 13,663 sq. kms 
Potential Areas 78,580 sq. kms 2,100 sq. kms. 80,680 sq. kms 
Additionally 
Important Areas 
5977 sq. kms. 677 sq. kms. 6654 sq. kms. 
 
52. During the course of the hearing and by its previous orders, this Court has 
underscored the importance of taking proactive measures to protect the GIB.  The 
GIB is seriously endangered as a species. At the same time, it has emerged in the 
course of the hearing that there is no basis to impose a general prohibition in regard 
to the installation of transmission lines for the distribution of solar power  in an area 
about 99,000 square kilometres. There are several  reasons due to which it is not 
feasible to convert all transmission lines into underground power transmission lines: 
a. In view of the diverse factors responsible for the reduction in the 
population of the GIB as discussed in the preceding paragraphs, the 
conversion of overhead into underground transmission lines is not 
likely to lead to the conservation of the species. Other factors such as 
low fecundity, fragmentation, habitat loss, predators, and loss of prey 
must be addressed; 
b. Underground power transmission cables are available only in 400 kV. 
The drum size for such cables is 250 m. These cables have a greater 
number of joints. The current is more likely to leak from joints. For a 1 
km stretch, about 4 to 5 joints will be present. When l aid for longer 
distances spanning thousands of kilometres, the number of joints will

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increase proportionately. As the number of joints increases, there is a 
corresponding rise in the risk to safety , especially to farmers under 
whose land the cables are laid. The downtime of electricity plants will 
also increase. Further, 400 kV lines can be laid for a maximum of 5 to 
8 km; 
c. 220 kV lines have been laid underground in some areas. In those 
places where they have been laid underground, flag marks were 
placed to trace the route of the cable and to avoid accidents while 
digging around the cable. However, such marks do not serve their 
intended purpose in desert regions because of strong winds  which 
blow  and carry sand. The effect is that the landscape and sand dunes 
change. This may cover or otherwise impact the flag markings. In the 
absence of functional markings, it is unsafe and impractical to 
underground high voltage cables in deserts; 
d. Underground cables do not efficiently transmit AC power. The 
transmission loss in such cables is higher by about five times;  
e. It is difficult and time -consuming to detect faults with underground 
cables. If there is a delay in attending to and repairing problems with 
such cables, the rise in the temperature of the cable may result in it 
bursting. This would endanger the safety of GIBs; 
f. The Electricity Act does not contemplate the acquisition of land.

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However land may be required to be acquired if cables are to be 
undergrounded. In contrast, overhead transmission lines require only 
the right of way;  
g. Underground cables may give rise to environmental issues for many 
vulnerable species. They may also result in forest fires or other fires; 
h. The cost of laying underground cables is prohibitive. It is about four to 
five times higher than laying overhead transmission lines. The cost is 
estimated to run into thousands of crores . If the cables are 
undergrounded in their entirety, the cost of harnessing renewable 
energy would be prohibitive; 
i. Cables are not generally used for the evacuation of power from a 
generating station; 
j. The report prepared by the technical expert committee constituted by 
the Ministry of Power indicates that the undergrounding of 
transmission lines of 60kV and above is not technically feasible 
because any outage would result in large generation losses; 
k. It is essential to harness power from sources of renewable energy in 
Rajasthan and Gujarat to meet the rising power demand in the country 
in an expeditious and sustainable manner. This is also necessitated 
by India’s international commitments with respect to climate change;

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l. The area in which undergrounding has been directed to be 
implemented is about 80,688 sq km, which is larger than many states 
in India. Even globally, undergrounding of cables in such a large area 
has not been attempted; and 
m. The same area in which undergrounding has been directed to be 
implemented contains the lion’s share of the potential areas from 
which wind and solar energy may be harnessed. Until now, only 3% 
of this potential has been tapped. If the remaining potential r emains 
untapped, an additional 93,000 MW of coal would be required in the 
future. An estimated 623 billion kg of carbon dioxide would be 
released from coal fired power generation. This would significantly 
damage the environment  and hinder global efforts to combat climate 
change. Thermal power plants would also adversely impact the health 
of the local populace. 
 
 
53. In addition to the reasons listed above, it is imperative to recognize the intricate 
interface between the conservation of an endangered species, such as the Great 
Indian Bustard, and the imperative of protecting against climate change. Unlike the 
conventional notion of sustainable development, which often pits economic growth 
against environmental conservation, the dilemma here involves a nuanced interplay 
between safeguarding biodiversity and mitigating the impact of climate change. It is

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not a binary choice between conservation and development but rather a dynamic 
interplay between protecting a critically endangered species and addressing the 
pressing global challenge of climate change. 
54. 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.  
55. 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.  
56. Needless to say, it is the duty of the Court to give effect to international agreements 
and treaties to which India is a party. In Entertainment Network (India) Ltd.  v. 
Super Cassette Industries Ltd. ,
52 this Court observed that it has relied on 
international law extensively including for the purpose of fulfilling the spirit of 
 
52 (2008) 13 SCC 30.

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international obligations which India has entered into, when they are not in conflict 
with the existing domestic law.53 It also rightly observed: 
“80. Furthermore, as regards the question where the 
protection of human rights, environment, ecology 
and other second- generation or third- generation 
rights is involved, the courts should not be loathe to 
refer to the international conventions.” 
  
 
57. In Apparel Export Promotion Council v. A.K. Chopra,54 this Court cited numerous 
cases which constituted precedent for the proposition that this Court must give effect 
to international instruments which India is party to:  
“This Court has in numerous cases emphasised that 
while discussing constitutional requirements, court 
and counsel must never forget the core principle 
embodied in the international conventions and 
instruments and as far as possible, give effect to the 
principles contained in those international 
instruments. The courts are under an obligation to give 
due regard to international conventions and norms for 
construing domestic laws, more so, when there is no 
inconsistency between them and there is a void in 
domestic law. (See with advantage — Prem Shankar 
Shukla v. Delhi Admn. [(1980) 3 SCC 526 : 1980 SCC 
(Cri) 815 : AIR 1980 SC 1535] ; Mackinnon Mackenzie 
and Co. Ltd. v. Audrey D' Costa [(1987) 2 SCC 469 : 
1987 SCC (L&S) 100 : JT (1987) 2 SC 34] ; Sheela 
Barse v. Secy., Children's Aid Society [(1987) 3 SCC 
50, 54 : 1987 SCC (Cri) 458] SCC at p. 54; Vishaka v. 
State of Rajasthan [(1997) 6 SCC 241 : 1997 SCC 
(Cri) 932 : JT (1997) 7 SC 384] ; People's Union for 
Civil Liberties v. Union of India [(1997) 3 SCC 433 : 
1997 SCC (Cri) 434 : JT (1997) 2 SC 311] and D.K. 
Basu v. State of W.B. [(1997) 1 SCC 416, 438 : 1997 
SCC (Cri) 92] SCC at p. 438.)” 
 
53 This position has been reiterated by various other decisions of this Court. See, for instance, National Legal Services 
Authority v. Union of India, (2014) 5 SCC 438. 
54 (1999) 1 SCC 759.

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58. India’s international obligations and commitments in the present case (detailed in 
the preceding segments of this judgment) have not been enacted in domestic law. 
Regardless, the Court must be alive to these obligations while adjudicating writ 
petitions which seek reliefs that may hinder these obligations from being fulfilled or 
otherwise interfere with India’s international commitments as well as the right to be 
free from the adverse effects of climate change.   
59. Beyond mere adherence to international agreements, India's pursuit of sustainable 
development reflects the complex interplay between environmental conservation, 
social equity, economic prosperity  and climate change. Its national goals in this 
regard require a holistic understanding of sustainable development that balances 
immediate needs with long-term sustainability, ensuring that present actions do not 
compromise the well-being of future generations. It acknowledges that solutions to 
today's challenges must not only address pressing issues but also lay the 
groundwork for a resilient and equitable future. 
60. 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. The delicate balance between the two aims must not 
be disturbed. Rather, care must be taken by all actors including the state and the 
courts to ensure that both goals are met without compromising on either.  Unlike 
other competing considerations, these do not exist in disjunctive silos. Therefore, a

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dilemma such as the present one does not permit the foregrounding of one of these 
as a priority , at the cost of the other. If this Court were to direct that the power 
transmission lines be undergrounded in the entire area delineated above, many 
other parts of the environment would  be adversely impacted. Other endangered 
species may suffer due to the emission of harmful gases from fossil fuels. Rising 
temperatures and the attendant evils of climate change may not be halted in a timely 
fashion, leading to di sastrous consequences for humankind and civilisation as a 
whole. The existential threat may not be averted.  
61. Moreover, the decision on whether to convert the overhead power transmission lines 
into underground lines is a matter of environmental policy. While adjudicating writ 
petitions which seek reliefs which are of the nature sought in the present case, this 
Court must conduct judicial review while relying on domain experts. Those who are 
equipped and trained to assess the various facets of a problem which is litigated 
before the Court must be consulted before a decision is taken. If this is not done, 
the Court may be in danger of passing directions without a full understanding of the 
issue in question. Consequently, in the absence of evidence which forms a certain 
basis for the directions sought, this Court must be circumspect in issuing sweeping 
directions. In view of the implications of the direction issuing a blanket prohibition on 
overhead transmission lines, we are of the view that  the direction needs to be  
recalled and it will be appropriate if an expert committee is appointed. The 
committee may  balance the need for the preservation of the GIB which is non-
negotiable, on one hand, with the need for sustainable development, especially in

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the context of meeting the international commitments of the country towards 
promoting renewable sources of energy, on the other hand. By leveraging scientific 
expertise and engaging stakeholders in meaningful consultations, this approach 
ensures that conservation efforts are grounded in evidence and inclusive of diverse 
perspectives. 
62. We are accordingly of the view that the order passed by this Court on 19 April 2021 
needs to be suitably modified. A blanket direction for undergrounding high voltage 
and low voltage power lines of the nature that was directed by this Court would need 
recalibration for the reasons discussed above.  This task is best left to domain 
experts instead of an a priori  adjudication by the Court. Experts can assess the 
feasibility of undergrounding power lines in specific areas, considering factors such 
as terrain, population density, and infrastructure requirements. This approach allows 
for more nuanced decision- making tailored to the unique circumstances of each 
location, ensuring that conservation objectives are met in a sustainable manner.  
63. During the course of the hearing, we had requested Mr Shyam Divan, senior counsel 
appearing on behalf of the petitioners , Mr R Venkataramani, Attorney General for 
India, Mr. Tushar Mehta, Solicitor General of India,  and Ms Aishwarya Bhati, 
Additional Solicitor General to propose names of experts for the constitution of a 
Committee to perform the  task which the Court will  assign to it. 
64. Having received their suggestions and upon evaluating them, we constitute an 
Expert Committee, the composition of which will be as follows:

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(i) Director, Wildlife Institute of India, Dehradun; 
(ii) Dr Hari Shankar Singh, Member, National Board for Wildlife; 
(iii) Dr Niranjan Kumar Vasu, Former Principal Chief Conservator of Forest; 
(iv) Mr B Majumdar, former Chief Wildlife Warden and Principal Chief 
Conservator of Forest, Maharashtra; 
(v) Dr Devesh Gadhavi, Deputy Director, The Corbett Foundation. 
(vi) Shri Lalit Bohra, Joint Secretary (Green Energy Corridor), Ministry of New 
and Renewable Energy; and 
(vii) Joint Secretary, Ministry of Environment, Forests and Climate Change. 
 
65. Since the work of the Committee, as assigned below, would also traverse the area 
of the setting up of transmission lines to facilitate solar power generation, we direct 
that the Committee shall consist of the following two special invitees: 
 
(i) Shri Ashok Kumar Rajpur, Member Power Systems, Central Electricity 
Authority; and 
(ii) Mr. PC Garg, Chief Operating Officer, Central Transmission Utility of India 
Ltd. 
 
66. The remit of the Committee which has been appointed by the Court shall encompass 
the following:

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a. Determining the scope, feasibility and extent of overhead and underground electric 
lines in the area identified as priority areas in the reports of the Wild Life Institute 
of India in the States of Rajasthan and Gujarat; 
b. The need for adopting conservation and protection measures for the GIB as well 
as other fauna specific to the topography; 
c. Identification of the measures to be adopted in the priority areas to ensure the long-
term survival of the GIB  and facilitating an increase in its population. Such 
measures may include habitat restoration, anti -poaching initiatives, and 
community engagement programs; 
d. Evaluating the potential consequences of climate change on GIB habitats, 
considering factors such as shifting precipitation patterns, temperature extremes, 
habitat degradation and developing adaptive management strategies to enhance 
their resilience; 
e. Identification of suitable options  in the context of sustainable development in the 
matter of laying  power lines  in the future. The alternatives  identified should 
balance the conservation and protection of the GIB with the arrangement of power 
lines in a manner that would facilitate the fulfilment  of the international 
commitments made by India for developing renewable sources of energy. 
f. Engaging with relevant stakeholders, including government agencies, 
environmental organizations, wildlife biologists, local communities, and energy

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industry representatives, to solicit input s, build consensus, and promote 
collaborative efforts towards achieving conservation and sustainable development 
goals; 
g. Conducting a thorough review of conservation efforts and innovative approaches 
in similar contexts globally, such as the Houbara Bustard in the Middle East or the 
Black Stilt in New Zealand, to inform best practices;  
h. Implementing a robust monitoring and research program to track GIB populations, 
habitat dynamics, and the effectiveness of conservation measures over time. This 
may include employing techniques such as satellite tracking, camera trapping, and 
ecological surveys to gather essential data for informed decision-making; and 
i. Adopting  any additional measures both in regard to the priority and potential areas, 
as the Committee  considers appropriate including considering the efficacy and 
suitability of installing bird diverters on existing and future power lines on the basis 
of a scientific study. The installation of sub- standard bird diverters which are of a 
poor quality would give the impression that conservation efforts are underway even 
as such efforts are destined for failure. Hence, it is of utmost importance to ensure 
that any direction by the Committee to install bird diverters by any party whose 
activities concern the GIB (including private operators) is implemented by installing 
bird diverters of a requisite standard and quality. Accordingly, if the Committee is 
of the view that the installation of bird diverters would subserve the conservation 
of the GIB species, it shall identify the indicators of high- quality bird diverters and

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specify the parameters that they must meet before they are installed. The Central 
Electricity Authority, Ministry of Power has released a document titled ‘Technical 
Specification for Bird Flight Diverter’. These specifications concern the GIB in 
particular. By its undated letter to various power transmission companies and other 
concerned parties, the Central Electricity Authority noted that it had received 
complaints stating that the quality of the bird diverters being installed was 
unsatisfactory. It also requested the addressees to install diverters which are of a 
high quality. The relevant portion of the letter is extracted below:  
“We are in receipt of complaint/representation that 
poor quality bird flight diverters are being installed on 
the lines and sometimes disc of bird diverter is found 
strewn in the farm and land below transmission lines 
that may be due to poor quality of the product, 
inadequate designe by manufacturer, not installed 
properly due to lack of experienced manpower etc.  
 
CEA’s “Technical Specifications for Bird Flight 
Diverter” were prepared after consultation with 
utilities and manufacturers. The document specifies 
that the minimum expected service life of the bird 
flight diverter should be at least 15 years and to 
ensure that the supplied bird diverter is of good 
quality, various tests have also been specified. To 
safeguard the Great Indian Bustard which is on the 
verge of extinction and other birds, you are 
requested to take necessary action so that good 
quality bird fli ght diverters are installed which shall 
be durable and effective for whole life and to be 
installed by experienced professionals so that these 
diverters can serve their designated purpose.”  
 
67. The Committee shall be at liberty to assess the efficacy of bird diverters and subject 
to its own findings on efficacy, to lay down specifications for bird diverters with due

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regard to the parameters specified by the Central Electricity Authority. It shall also 
identify the number of bird diverters required for the successful implementation of 
conservation efforts. In this regard, the Committee may also consider the 
recommendations of the technical expert committee constituted by the Ministry of 
Power by OM No 25–7/42/2019 – PG dated 27 May 2022.  
68. The injunction which has been imposed in the order dated 19 April 2021 in respect 
of the area described as the priority and potential areas shall accordingly stand 
recalled subject to the condition that the Expert Committee appointed by this Court 
may lay down suitable parameters covering both the priority and potential areas.   
69. In the event that the Committee considers it appropriate and necessary to do so, it 
would be at liberty to recommend to this Court any further measures that are 
required to enhance the protection of the GIB. This may include identifying and 
adding suitable areas beyond the designated priority zones outlined above, if 
deemed crucial for the conservation of the species. Such additional areas could 
serve as vital habitats, corridors, or breeding grounds for the GIB, contributing 
significantly to its long-term survival.  
70. We request the Committee to complete its task and submit a report to this Court 
through the Union Government on or before 31 July 2024. 
71. In its affidavit, the Union of India has detailed the steps it has taken thus far and has 
also undertaken to implement a host of measures in the future, which are aimed at 
conserving the critically endangered GIB. They include:

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a. The Ministry of Environment, Forest and Climate Change has implemented 
the national GIB Project which undertakes ex -situ conservation measures to 
provide and conserve habitats into which captive bred birds may be released. 
Insulation breeding centres will be established in range states other than 
Rajasthan where they do not currently exist. In- situ operations will be 
implemented in the desert National Park Sanctuary, Rajasthan, Kachch 
Bustard Sanctuary, Gujarat, Great Indian Bustard Sanctuary, Maharashtra, 
Rollapadu Sanctuary, Andhra Pradesh, Ranebennur Sanctuary, Karnataka 
and Ghatigao Sanctuary, Madhya Pradesh; 
b. Predator-proof enclosures will be developed to prevent the entry of predators 
including foxes, mongooses, hedgehogs, and monitor lizards. Anthropogenic 
activities will not take place in these enclosures; 
c. Local grass seed dissemination will be used to restore degraded grasslands. 
Water will be supplied to these grasslands; 
d. Undesirable and invasive species will be eliminated to make the grasslands 
more friendly to GIBs released from captivity; 
e. GIB movement shall be monitored using satellite telemetry; 
f. Ongoing administration and maintenance will include the repair and 
restoration of water points and historic watch towers as well as the 
maintenance of existing fences and fire lines;

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g. ‘National Bustard Day’ will be celebrated to highlight the need for 
conservation; 
h. Capacity building programmes will be conducted and collaboration with 
scientific organisations will be fostered. Further, local stakeholders will be 
involved in initiatives aimed at conserving the GIB and awareness programs 
will be implemented in the relevant areas; 
i. As the majority of villages and settlements in the concerned region depend 
on grasslands for the supply of fodder, the pastures in these lands are in need 
of revival. These lands will be revived and innovative strategies of fodder 
management will be implemented; and 
j. The conservation activities detailed above will be upscaled from the  financial 
year commencing on 1 April 2024 and will continue for at least ten years. 
72. 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.

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73. This Court records its appreciation to the work which was done by the Committee 
which was appointed in terms of the order dated 19 April 2021. 
74. List in the second week of August 2024 for consideration of the report of the expert 
committee appointed in terms of the present judgment.  
 
 
 
……………………………………………CJI  
                                                                             [Dr Dhananjaya Y Chandrachud] 
 
 
 
 
 
……………………………………………J  
                                               [J B Pardiwala] 
 
 
 
 
 
……………………………………………J  
                                            [Manoj Misra] 
New Delhi 
March 21, 2024