Supreme Court's decision: The right against climate change is a specific fundamental right.
 
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Supreme Court's decision: The right against climate change is a specific fundamental right.

Tue 09 Apr, 2024

Context

  • Recently the Supreme Court has recognized a much-publicised, but less explicit right against the adverse effects of climate change as a specific fundamental right in the Constitution.
  • According to this decision the issue is linked to the right to life and equality which is inherent in the Indian Constitution.

Key Points 

  • The above clarifications were part of the decision by a three-judge bench headed by Chief Justice of India DY Chandrachud hearing a case on the conservation of the Great India Bustard and the Lesser Florican.
  • The apex court in its judgment expanded the scope of Article 14 (right to equality before law) and Article 21 (right to life) of the Constitution to include the ‘right against the adverse effects of climate change’.
  • It is noteworthy that the alarming decline in the numbers of Great Indian Bustard is due to their frequent collision with overhead power transmission lines including solar plants near their habitat.
  • The apex court withdrew its earlier order in April 2021, which required undergrounding of overhead transmission lines over an area of more than 80,000 sq km in the states of Rajasthan and Gujarat.
  • The bench has constituted a committee to suggest balancing measures between conservation of the endangered bird 'Great Indian Bustard' and renewable energy infrastructure in the state of Rajasthan and Gujarat.

Important Facts For Exam

Supreme Court

  • Judges are appointed under Article 124 of the Constitution.
  • Every judge of the Supreme Court is appointed by the President.
  • Note - Calcutta Supreme Court of Judicature was established with the enactment of the Regulating Act of the year 1773.

Fundamental rights provided by the Indian Constitution

  • Right to equality (Articles 14-18)
  • Right to Freedom (Articles 19-22)
  • Right against exploitation (Articles 23-24)
  • Right to freedom of religion (Articles 25-28)
  • Rights to culture and education (Articles 29-30)
  • Right to constitutional remedies (Article 32)

Great Indian Bustard

  • Scientific name:Ardeotis nigriceps
  • It is considered to be the most critically endangered bird of India.
  • It is considered to be the dominant grassland species, representing grassland ecology.
  • Its maximum population is limited to Rajasthan and Gujarat. This species is found in small numbers in Maharashtra, Karnataka and Andhra Pradesh.
  • It is the state bird of Rajasthan.

Conservation status of the Great Indian Bustard

  • International Union for Conservation of Nature Red List (IUCN): Critically Endangered
  • Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES): Appendix-1
  • Convention on the Conservation of Migratory Species (CMS): Appendix-1

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