The Supreme Court has made a significant decision by broadening the reach of Articles 14 and 21 to encompass the “right to protection from the negative impacts of climate change”.
The three-judge bench, led by Chief Justice of India D Y Chandrachud, has stated that Article 48A of the Constitution emphasizes the State’s responsibility to protect and enhance the environment, as well as safeguard the forests and wildlife of the nation. Additionally, Clause (g) of Article 51A mandates that every citizen of India has a duty to preserve and improve the natural environment, including forests, lakes, rivers, and wildlife, while also displaying compassion towards living creatures. Although these provisions are not enforceable by law, they serve as indications that the Constitution acknowledges the significance of the natural world.
The bench further highlighted that the importance of the environment, as highlighted by these provisions, is recognized as a right in other sections of the Constitution. Article 21 acknowledges the right to life and personal liberty, while Article 14 ensures equality before the law and equal protection of laws for all individuals. These articles serve as crucial foundations for the right to a clean environment and protection against the adverse impacts of climate change.
The court, consisting of Justices J B Pardiwala and Manoj Misra, issued the ruling on March 21, but the comprehensive order was not made available until Saturday evening.
The court observed that although governmental policies and regulations acknowledge the negative impacts of climate change and aim to address it, there is no unified legislation in India specifically addressing climate change and its associated issues. Nonetheless, the court emphasized that this does not imply that the citizens of India lack protection against the adverse effects of climate change.
On the right to a clean environment, the court said: “Without a clean environment which is stable and unimpacted by the vagaries of climate change, the right to life is not fully realised. The right to health (which is a part of the right to life under Article 21) is impacted due to factors such as air pollution, shifts in vector-borne diseases, rising temperatures, droughts, shortages in food supplies due to crop failure, storms and flooding. The inability of underserved communities to adapt to climate change or cope with its effects violates the right to life (Article 21) as well as the right to equality (Article 14).”
The bench was hearing a plea to protect the Great Indian Bustard (GIB) from losing its habitat due to power transmission lines.
On April 19, 2021, the Supreme Court issued a ruling that imposed restrictions on the establishment of overhead transmission lines in an area spanning approximately 99,000 square kilometers. Additionally, the court suggested the conversion of existing overhead low and high voltage lines into underground power lines.
Subsequently, the Ministry of Environment, Forests, and Climate Change, the Ministry of Power, and the Ministry of New and Renewable Energy approached the Supreme Court, seeking modifications to its directives. They highlighted India’s international commitments regarding the transition to non-fossil fuels and the reduction of emissions. Furthermore, they emphasized that the area in question holds a significant portion of the country’s solar and wind energy potential. It was also argued that the underground placement of high voltage power lines posed technical challenges.
Acknowledging these concerns, the bench granted the request, recognizing the practical difficulties associated with implementing the original order. These challenges encompassed technical obstacles, land acquisition issues, and exorbitant costs. In the bench’s written statement, the Chief Justice of India also addressed the principles of climate change jurisprudence and emphasized the importance of harnessing renewable energy, particularly solar power. The statement further emphasized the need to strike a balance between the conservation of the Great Indian Bustard (GIB) and the overall preservation of the environment.
The court stated that the directive given by this Court regarding the undergrounding of high voltage and low voltage power lines would require adjustments. In order to assess the feasibility of undergrounding power lines in specific areas, taking into account factors such as terrain, population density, and infrastructure requirements, a committee of nine experts was established. The court instructed the committee to complete its task and submit a report to this court through the Union Government by July 31, 2024.
The court highlighted that India’s goal of achieving an installed renewable energy capacity (excluding large hydro) of 175 GW by 2022 demonstrates the country’s commitment to adopting clean energy. Furthermore, the future goal is to reach a capacity of 450 GW by 2030.
“To accomplish these targets, India has implemented various policy measures and initiatives to encourage investment, innovation, and adoption of renewable energy,” the court stated. It also emphasized that India’s transition to non-fossil fuels is not only a strategic energy goal but also a crucial necessity for environmental preservation. “Investing in renewable energy not only addresses pressing environmental concerns but also brings numerous socio-economic benefits,” it added.
The Supreme Court has occasionally extended the fundamental rights section to cover various aspects of a dignified life. However, this marks the first instance of including the “right against the adverse effects of climate change”.
The bench emphasized the critical role of promoting renewable energy sources in advancing social equity through ensuring access to clean and affordable energy for all sectors of society, particularly in rural and underserved regions. This effort contributes to poverty reduction, improves quality of life, and fosters inclusive growth and development nationwide. Consequently, the transition to renewable energy is not only an environmental necessity but also a strategic investment in India’s future prosperity, resilience, and sustainability.
The bench highlighted the increasing focus on the intersection between climate change and human rights, emphasizing the need for states to address climate impacts from a rights-based perspective. It stressed that states have a duty to protect citizens from harm and promote overall well-being, including the right to a healthy and clean environment. States are therefore obligated to implement effective measures to mitigate climate change and ensure that individuals have the necessary tools to adapt to the climate crisis.
The bench underscored the importance of harnessing renewable energy sources in Rajasthan and Gujarat to meet the growing power demand in the country in a timely and sustainable manner. This is further motivated by India’s international commitments regarding climate change. Additionally, the bench discussed the significance of solar energy as a key solution in the global shift towards cleaner energy sources, emphasizing the urgent need for India to transition to solar power due to three imminent challenges.
The statement highlighted several reasons why India should prioritize the adoption of solar energy. Firstly, it emphasized that India is projected to contribute to 25% of global energy demand growth in the next two decades. To ensure energy security and self-sufficiency while mitigating environmental impacts, a shift towards solar energy is necessary. Failure to do so may result in increased reliance on coal and oil, which would have economic and environmental consequences.
Secondly, the rampant air pollution in India underscores the urgency of transitioning to cleaner energy sources like solar. Fossil fuels are major contributors to pollution, and solar energy offers a cleaner alternative. Lastly, the declining groundwater levels and decreasing annual rainfall further highlight the importance of diversifying energy sources. Unlike coal, solar power does not strain groundwater supplies. Therefore, the widespread use of solar power plants is a crucial step towards achieving cleaner, cheaper, and sustainable energy.
The Supreme Court also pointed out technical challenges in implementing the April 2021 order. It mentioned that underground power transmission cables are currently available only in 400 KV with lengths of 250 meters. This would result in more joints and potential leaks, leading to higher transmission loss. Additionally, these cables are not efficient in transmitting AC power.
Furthermore, the Electricity Act does not address the acquisition of land for laying underground cables. In contrast, overhead transmission lines only require the right of way. The bench expressed concerns that the acquisition of land for underground cables may lead to environmental issues, including threats to vulnerable species and an increased risk of forest fires.