Right Against Adverse Effects of Climate Change Recognised Under Articles 14 and 21; Great Indian Bustard Order Modified

A writ petition under Article 32 sought directions to protect the Great Indian Bustard and the Lesser Florican, both on the verge of extinction (paras 1, 4). By an order of 19 April 2021 the Court restricted overhead transmission lines over about 99,000 square kilometres and directed undergrounding where feasible (paras 5-6). Three Union Ministries applied to modify that order, stating that it had vast adverse implications for the power sector and the energy transition away from fossil fuels (para 7). The Union filed a status report on conservation measures (paras 8-9).

India's international commitments and domestic laws aim to combat climate change (paras 11, 19). The Court's decisions recognise the right to a clean environment, and the right against the adverse effects of climate change is its other side, recognised by Articles 14 and 21 (paras 22-24). Climate change affects health, and communities unable to adapt suffer violations of life and equality (paras 25-27). Island residents and forest-dwelling communities may suffer unequally from rising seas (para 26). Solar power is central to India's National Action Plan on Climate Change (para 38). Courts must give effect to international obligations not in conflict with domestic law, though these commitments are not enacted (paras 56-58). Undergrounding all lines is not feasible and would not by itself save the species, which faces other threats (para 52). Conservation and climate action must both be met through a holistic approach (paras 53, 60). Whether lines go underground is environmental policy on which courts must rely on domain experts (para 61). The 2021 order therefore needed modification (para 62).