The Supreme Court Emerges as a Net Zero Polestar

'Dharma exists for the welfare of all beings. Hence, that by which the welfare of all living beings is sustained, that for sure is dharma,' - Mahabharata (Shanti Parva 109.10)

- Ritwika Nanda & Tannishtha Chatterjee

IN A LANDMARK decision in April 2024, the Supreme Court of India, acting as the dharmarakshaka (custodian of justice and morality), has addressed the conservation of the Great Indian Bustard (GIB). The order highlights the complexity of balancing noble efforts such as protecting endangered species with the imperatives of sustainable development – a delicate equilibrium known as “good against good.”

In the vast, windswept plains of India, there exists a creature of unparalleled grace and majesty – the Great Indian Bustard. Once poised to be the national bird, it now teeters on the edge of oblivion, its future hanging by a thread.

Recognising the urgency of its conservation, a writ petition filed in the year 2019 under Article 32 of the Indian constitution drew attention to the peril of the GIB from electric transmission lines and highlighted the need for concerted efforts to ensure its survival. Finally, the Supreme Court after a series of hearings appreciated the efforts that were needed to protect the Great Indian Bustard and passed restrictions on erecting transmission lines through Rajasthan and Gujarat, the core area of the last surviving pack of the GIB.

In 2021, the Supreme Court of India further imposed restrictions on overhead transmission lines spanning 99,000 square kilometres in Rajasthan, a major habitat of the Great Indian Bustard. The order passed by the Hon’ble Supreme Court in 2021 protected the Great Indian Bustard but posed a challenge for transmission lines necessary for infrastructure development and carrying solar power to grids in keeping with India’s commitments under various international climate protocols.