Holding

A blanket prohibition on overhead transmission lines is untenable; the Court must adopt a nuanced, expert‑driven approach that balances GIB conservation with renewable‑energy goals, leading to modification of the 2021 order and appointment of an expert committee.

Summary

The petitioners sought a blanket prohibition on the installation of overhead transmission lines for solar power across roughly 99,000 square kilometres in Rajasthan and Gujarat, arguing that such lines threaten the critically endangered Great Indian Bustard (GIB). The Supreme Court had earlier ordered the conversion of these lines to underground cables and the installation of bird diverters, but the Union and the concerned ministries appealed, citing technical infeasibility, prohibitive costs, and India's international climate commitments. The Court examined the GIB's endangered status, the multifaceted causes of its decline, and the necessity of renewable energy for meeting India's Paris Agreement obligations. Concluding that a sweeping ban was untenable, the Court modified its 2021 order, recalling the blanket prohibition and appointing an expert committee to assess feasibility, recommend conservation measures, and set standards for high‑quality bird diverters. The Union was directed to continue and expand its existing GIB conservation programmes, and the committee must submit its report by 31 July 2024.

Issues considered

The appropriateness of a blanket prohibition on overhead transmission lines for solar power in GIB habitats.
Whether the Supreme Court can modify its earlier order in light of technical, economic, and climate‑policy considerations.
The balance between conserving the Great Indian Bustard and advancing renewable‑energy development.
The need for an expert committee to evaluate feasibility and prescribe appropriate measures.

Legislation cited

Subjects

The Great Indian BustardEndangered speciesOverhead transmission linesBlanket prohibitionSolar powerConservation of the environmentEnvironmental policyDomain expertsExpert CommitteeClimate changeRight to be free from the adverse effects of climate changeInternational conventionsKyoto ProtocolParis AgreementGreenhouse gas emissionsRenewable energyFossil fuelsNon-fossil fuelsRight to a healthy environmentRight to equalityIndigenous communitiesForest dwellersClean environmentRight to lifeRight to healthHuman rights and EnvironmentClimate obligations under international lawClean energy initiativesEnvironmental sustainabilityEnvironmental protectionSustainable developmentGlobal warmingCarbon footprint

Judgment

[2024] 3 S.C.R. 1320 : 2024 INSC 280

M K Ranjitsinh & Ors.
v.
Union of India & Ors.
(Writ Petition (Civil) No. 838 of 2019)
21 March 2024
[Dr. Dhananjaya Y Chandrachud,* CJI, J B Pardiwala
and Manoj Misra, JJ.]

Issue for Consideration
Conservation and protection of the endangered species of the
Great Indian Bustard (GIB).

Headnotes
Environment – Rapid and steady decline in the population of the
Great Indian Bustard (GIB) – Apart from various other factors,
attrition of the existing population of these endangered birds
was partly attributed to overhead transmission lines – Vide
order dtd. 19.04.2021, a Committee was appointed for assessing
the feasibility of laying high voltage underground power lines;
direction was also issued imposing blanket prohibition w.r.t the
installation of transmission lines for the distribution of solar
power in a large territory and it was directed that in cases
where overhead power lines existed as on date in the priority
and potential GIB areas, steps be taken to install bird diverters
pending consideration of the conversion of overhead power
lines into underground power lines – Order implemented by the
Committee – Modification of the directions sought by Ministry
of Environment, Forests, and Climate Change, Ministry of Power
and the Ministry of New and Renewable Energy:
Held: The GIB is seriously endangered as a species – However,
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 – Reasons due to which
it is not feasible to convert all transmission lines into underground
power transmission lines, enumerated – 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

* Author
[2024] 3 S.C.R. 1321

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

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 – Furthermore,
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 – Order passed by this Court
on 19.04.2021 modified – A blanket direction for undergrounding
high voltage and low voltage power lines of the nature that was
directed by this Court vide said order need recalibration – Expert
Committee constituted, remit stated – Directions contained in the
aforesaid order substituted – Union of India and the concerned
ministries to implement the measures described aimed at conserving
the critically endangered GIB – Committee to complete its task and
submit report. [Paras 52, 60, 62, 64, 66, 70, 72]
Environment – India’s obligations, commitment under
international conventions towards preventing climate change
and tackling its adverse effects – United Nations Framework
Convention on Climate Change; Kyoto Protocol; Paris
Agreement – Key features of India’s commitment – Discussed.
Environment – Importance of solar power as a source of
renewable energy – National Solar Mission; National Mission
for Enhanced Energy Efficiency, National Mission for a Green
India; National Mission on Strategic Knowledge for Climate
Change – Urgent need to shift to solar power – Discussed.
Environment – Right to a healthy environment; Right to be
free from the adverse effects of climate change – Constitution
of India – Articles 14, 21, 48A, 51A(g):
Held: 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 climate change and the attendant concerns – However, this
does not mean that the people of India do not have a right against the
adverse effects of climate change – Importance of the environment,
as indicated by Article 48A, Article 51A(g) of the Constitution of
India, 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
1322 [2024] 3 S.C.R.

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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 – 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 –
Further, the right to health (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 – 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 – There is a right to be free from the adverse
effects of climate change – 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 – 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 importance of prioritizing
clean energy initiatives to ensure environmental sustainability and
uphold human rights obligations cannot be understated – 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 – 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. [Paras
19, 20, 24, 25, 27, 34, 35]
Environment – Climate change litigation in other jurisdictions –
United Nations Framework Convention on Climate Change –
Global trends in climate change litigation – Role of Courts in
such litigation – Highlighted.
Environment – Intersection between climate change and human
rights – Discussed.
[2024] 3 S.C.R. 1323

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

Case Law Cited
M.C. Mehta v. Kamal Nath [2000] Supp. 1 SCR 389 :
(2000) 6 SCC 213; Virender Gaur v. State of Haryana
[1994] Supp. 6 SCR 78 : (1995) 2 SCC 577; Karnataka
Industrial Areas Development Board v. C. Kenchappa
[2006] Supp. 2 SCR 362 : (2006) 6 SCC 371; Bombay
Dyeing & Mfg. Co. Ltd. (3) v. Bombay Environmental
Action Group [2006] 2 SCR 920 : (2006) 3 SCC 434;
Entertainment Network (India) Ltd. v. Super Cassette
Industries Ltd. [2008] 9 SCR 165 : (2008) 13 SCC 30;
Apparel Export Promotion Council v. A.K. Chopra [1999]
1 SCR 117 : (1999) 1 SCC 759 – referred to.
The State of the Netherlands (Ministry of Economic
Affairs and Climate Policy) v Urgenda Foundation,
HR 20 December 2019 ECLI:NL:HR:2019:2006;
Committee on the Rights of the Child, Sacchi et al.
v. Argentina et al. (dec.), Committee on the Rights of
the Child, 22 September 2021, CRC/C/88/D/104/2019;
Ioane Teitiota v. The Chief Executive of the Ministry of
Business, Innovation and Employment [2015] NZSC
107 – referred to.

Books and Periodicals Cited
M. Burger and J. Wentz (eds.), Climate Change and
Human Rights, UNEP: December 2015, p.11, 19; 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, of 24 January 2018; o 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; J Setzer and
R Byrnes, ‘Global Trends in Climate Change Litigation:
2023 Snapshot’, London School of Economics and
Political Science, (2023); D Bodansky, ‘The Paris
Climate Change Agreement: A New Hope?’ (2016) 110
American Journal of International Law, 288; Convention
for the Protection of Human Rights and Fundamental
Freedoms (European Convention on Human Rights,
as amended), art 2; M. Wewerinke-Singh, State
Responsibility, Climate Change and Human Rights
1324 [2024] 3 S.C.R.

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under International Law, Oxford etc.: Hart 2019, pp.
108-109 and 130 – referred to.

List of Acts
Constitution of India; Wild Life (Protection)Act 1972, Water
(Prevention and Control of Pollution) Act 1974, Air (Prevention
and Control of Pollution) Act 1981, Environment (Protection) Act
1986, National Green Tribunal Act 2010; Energy Conservation Act
2001; Electricity Act 2003; Electricity (Promoting Renewable Energy
Through Green Energy Open Access) Rules 2022.

List of Keywords
The Great Indian Bustard; Endangered species; Overhead
transmission lines; Blanket prohibition; Solar power; Conservation
of the environment; Environmental policy; Domain experts; Expert
Committee; Climate change; Right to be free from the adverse
effects of climate change; International conventions; Kyoto Protocol;
Paris Agreement; Greenhouse gas emissions; Renewable energy;
Fossil fuels; Non-fossil fuels; Right to a healthy environment;
Right to equality; Indigenous communities; Forest dwellers; Clean
environment; Right to life; Right to health; Human rights and
Environment; Climate obligations under international law; Clean
energy initiatives; Environmental sustainability; Environmental
protection; Sustainable development; Global warming; Carbon
footprint.

Case Arising From
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No. 838 of 2019
(Under Article 32 of The Constitution of India)
With
Civil Appeal No. 3570 of 2022
Appearances for Parties
Shyam Divan, Prashanto Chandra Sen, Sr. Advs., Ms. Sonia Dube,
Ms. Kanchan Yadav, Ms. Anshula L Bakhru, Ms. Surbhi Anand,
Arpith Jacob Varaprasad, Ms. Muskan Nagpal, Tanishq Sharma,
Ms. Saumya Sharma, M/S. Legal Options, Advs. for the Petitioners.
R. Venkataramani, AG, Ms. Aishwarya Bhati, A.S.G., Shiv Mangal
Sharma, Saurabh Mishra, A.A.Gs., M.G. Ramchandran, Dr. Manish
[2024] 3 S.C.R. 1325

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

Singhvi, Ranji Thomas, Sr. Advs., Gurmeet Singh Makker, Ms. Ruchi
Kohli, Ankur Talwar, Shyam Gopal, Ms. Chinmayee Chandra, Ms.
Swarupama Chaturvedi, Chitvan Singhal, Raman Yadav, Kartikay
Aggarwal, Abhishek Kumar Pandey, Ms. Ameya Vikrama Thanvi,
Mukesh Kumar Singh, Ms. Nidhi Jaiswal, Saurabh Rajpal, Ms. Shalini
Singh, Sandeep Kumar Jha, Milind Kumar, Ms. Deepanwita Priyanka,
Mahfooz Ahsan Nazki, Rahul Chitnis, Siddharth Dharmadhikari,
Aaditya Aniruddha Pande, Bharat Bagla, Sourav Singh, Aditya Krishna,
Ms. Preet S. Phanse, Adarsh Dubey, Ms. Swati Ghildiyal, Ms. Devyani
Bhatt, Sunny Choudhary, Abhimanyu Singh Ga, Shashank Shekhar,
Santosh Krishnan, Girish Chowdhary, Ms. Sonam Anand, Shaik
Mohammed Haneef, Ms. Deepshikha Sansanwal, Somesh Chandra
Jha, Shreay Saini, Tarun Sharma, Ezaj . M Qureshi, Animesh Rajoriya,
Ms. Hemantika Wahi, Ms. Jesal Wahi, Ms. Ranjitha Ramchandran,
Rohit K. Singh, V. N. Raghupathy, A. Karthik, M/S. Vkc Law Offices,
Varun K Chopra, Mehul Sharma, Ms. Arti Singh, Aakashdeep Singh
Roda, Ms. Pooja Singh, B P Singh, Devendra Singh, Mrs. Priya Puri,
Mrs. Arundhati Katju, Mrs. Smriti Sinha, Sharad Kumar Puri, Vishwa
Deepak Singh, Mrs. Pinki Aggarwal, Ms. Parul Shrama, Ankur Sood,
Gaurav Singh, Varun Agarwal, Vishrov Mukerjee, Pukhrambam
Ramesh Kumar, Girik Bhalla, Damodar Solanki, Karun Sharma, Ms.
Rajkumari Divyasana, S. S. Shroff, Mahesh Agarwal, Arshit Anand,
Ms. Kamakshi Sehgal, E. C. Agrawala, Advs. for the Respondents.
Petitioner-in-person
Judgment / Order of the Supreme Court

Judgment
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

* Ed. Note: Pagination as per the original Judgment.
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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
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 from 2011
until 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

1 “GIB”
2 IUCN Red List, ‘Great Indian Bustard’ <https://www.iucnredlist.org/species/22691932/134188105#popu
lation>
[2024] 3 S.C.R. 1327

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

targeted 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.
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 directions 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,

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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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;
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 Empowered 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 :
[2024] 3 S.C.R. 1329

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

“ 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 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 potential 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, Forests, 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 and energy transition away from fossil fuels;
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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 Change5 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...
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:

5 “UNFCCC”
[2024] 3 S.C.R. 1331

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

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 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;

6 “WII”
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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 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 strategy has proved successful and the Government
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
[2024] 3 S.C.R. 1333

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

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 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 responsibilities 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

7 United Nations Framework Convention on Climate Change: resolution / adopted by the General
Assembly (Adopted 20 January 1994).
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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 adverse effects of climate change.10
14. At the 18th Conference of the Parties in Doha, Qatar in December
201211, 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 Agreement
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 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

8 Ibid, art 2.
9 Ibid, art 3(1).
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”
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%20
Determined%20Contrib.pdf
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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.
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.
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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 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 Strategic 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 climate change and the attendant
concerns. 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,

15 Energy Conservation Act 2001, Section 14(w).
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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.”
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

16 [2000] Supp. 1 SCR 389 : (2000) 6 SCC 213
17 [1994] Supp. 6 SCR 78 : (1995) 2 SCC 577
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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 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

18 [2006] Supp. 2 SCR 362 : (2006) 6 SCC 371
19 [2006] 2 SCR 920 : (2006) 3 SCC 434
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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.
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
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,
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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 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

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>.
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.
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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 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 Rights24 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 relationship 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

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>
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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environment, as first recognized by 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, 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

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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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 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 initiatives have led to social and economic
benefits, including reducing drudgery among rural 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

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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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
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 Statistics 2023 released by the
International Renewable Energy Agency (IRENA), India has the 4th
largest installed capacity of renewable energy.30
39. The International Solar Alliance31 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
States.34
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

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”
35 “OSOWOG”
36 International Solar Alliance, ‘Annual Report 2020’, pp. 4. <https://isolaralliance.org/uploads/docs/20469
ea05e2b897ca9ffec8a17273f.pdf >
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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 Initiative37 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 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.

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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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.
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

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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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 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 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

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.
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.
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the Child49 alleging violations of their rights under the UN Convention
on the Rights of the Child50 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 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 dismissed 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.

49 “CRC”
50 “UNCRC”
51 [2015] NZSC 107.
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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
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 5977 sq. kms. 677 sq. kms. 6654 sq. kms.
Important Areas

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 laid for longer distances spanning thousands of
kilometres, the number of joints will increase proportionately. As
the number of joints increases, there is a corresponding rise in the
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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.
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
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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;
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
remains 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 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.
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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 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

52 [2008] 9 SCR 165 : (2008) 13 SCC 30
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 SCR 117 : (1999) 1 SCC 759
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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.)”
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
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disjunctive silos. Therefore, a 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
disastrous 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 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
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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:
(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
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Utility of India Ltd.
66. The remit of the Committee which has been appointed by the Court
shall encompass the following:
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 industry representatives, to
solicit inputs, 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
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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 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
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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 flight 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 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.
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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:
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;
g. ‘National Bustard Day’ will be celebrated to highlight the need
for conservation;
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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.
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.

Headnotes prepared by: Divya Pandey Result of the case:
Directions issued.