Down To Earth | Environment | May 30, 2026
Argues that the Supreme Court’s MK Ranjitsinh v Union of India (2024) judgment — while celebrated for recognising the right to be free from climate change as a constitutional right — diluted earlier 2021 orders mandating bird-safe transmission lines in Great Indian Bustard (GIB) habitats in Rajasthan, effectively prioritising solar expansion over a critically endangered species (now reduced to 50-249 mature individuals globally).
The Argument in One Line
The judgment framed GIB conservation and solar expansion as a false binary — privileging a 500 GW non-fossil-by-2030 target over the survival of one of India’s most endangered birds, when integrative routing and undergrounding could have served both. The result: solar continues; the GIB’s clock keeps ticking.
The Great Indian Bustard — Critical Numbers
| Parameter | Detail |
|---|---|
| Scientific name | Ardeotis nigriceps |
| IUCN status | Critically Endangered (CR) since 2011 |
| CITES | Appendix I |
| WPA Schedule | Schedule I |
| Global population | 50-249 mature individuals (latest IUCN estimate) |
| Strongholds (declining) | Desert National Park, Rajasthan (Jaisalmer-Barmer); small remnant populations in Gujarat (Kutch), Maharashtra (Solapur), Karnataka, Andhra Pradesh |
| Primary threats | Power-line collisions; habitat conversion to solar/wind farms + agriculture; predator pressure (free-ranging dogs) |
| Recovery initiative | Bustard Recovery Programme (MoEFCC + WII + Rajasthan FD); captive breeding centres at Sam (Jaisalmer) and Sorsan (Kota) |
| Recent breeding success | First successful captive-bred chicks 2019-onwards; small chick survival; full release-to-wild still years away |
The 2021 SC Order — What It Mandated
In April 2021, the Supreme Court ordered:
- Undergrounding of all low-voltage power lines in priority + potential GIB habitats in Rajasthan and Gujarat (~13,000 sq km).
- Bird Diverters on high-voltage lines that couldn’t be feasibly undergrounded.
- A timeline of one year for compliance.
The order was based on scientific evidence — radio-tagged GIBs were dying at rates of 15-20% annually from power-line collisions.
The 2024 Modification — What Changed
In MK Ranjitsinh v Union of India (March 2024), a 3-judge bench (CJI DY Chandrachud, J.B. Pardiwala, Manoj Misra):
- Recognised the constitutional right to be free from climate change under Articles 14 + 21 — a landmark expansion.
- But modified the 2021 order — limited the undergrounding mandate to a narrower “priority area” rather than the full priority + potential area.
- Constituted a technical expert committee to study the trade-off between GIB conservation and India’s solar expansion targets.
- Effectively diluted the earlier full-undergrounding order.
The Environmental Critique
DTE’s editorial argues:
| Problem | Detail |
|---|---|
| False binary | The court treated GIB conservation and renewable expansion as zero-sum, when integrative routing (avoiding GIB habitats), early-stage undergrounding at design phase (cheaper), and bird-diverter retrofits could have served both |
| No enforcement timeline | The expert-committee mechanism is open-ended; no compliance dates set for new orders |
| Climate vs biodiversity is a false trade-off | The IPCC and IPBES (Biodiversity Platform) have explicitly identified climate AND biodiversity as interconnected crises; trade-offs should be the exception, not the design |
| Solar can be sited differently | Rajasthan-Gujarat has vast non-GIB-habitat solar potential; the cost differential of moving solar parks is marginal compared to species extinction |
| GIB extinction would be irreversible | Once below ~30 breeding females, the species crosses a demographic threshold from which recovery is functionally impossible |
The Constitutional Achievement — Still Important
Despite the dilution, the 2024 judgment’s recognition of the right against climate change is foundational:
- Built on Article 14 (equality) and Article 21 (right to life — by then read to include the right to a healthy environment via Subhash Kumar v State of Bihar (1991)).
- First explicit Indian constitutional right against climate change.
- Comparable to global precedents: Urgenda v Netherlands (2019), KlimaSeniorinnen v Switzerland (ECHR, 2024).
- Sets the stage for future climate litigation in Indian courts.
What the Editorial Recommends
- Reinstate the full undergrounding mandate in priority + potential GIB habitats — at minimum for all new transmission projects.
- Solar siting reform — designate GIB-priority areas as no-solar zones; redirect to abundant alternative land.
- Expert committee transparency — publish technical findings and recommendations; allow scientific peer review.
- Captive breeding scale-up — Sam and Sorsan centres should be expanded with international collaboration (Houbara Bustard programmes in Saudi Arabia, UAE).
- GIB Recovery Programme — formal national mission with multi-year funding commitment.
UPSC Hooks
| Paper | Angle |
|---|---|
| GS2 | Judicial review; constitutional environmental rights; SC environmental jurisprudence; expert committees |
| GS3 | Endangered species conservation; renewable energy expansion trade-offs; climate vs biodiversity nexus; IUCN categories; WPA Schedule I |
| Mains | “The MK Ranjitsinh v Union of India (2024) judgment recognised the right against climate change but diluted bird-safe transmission orders. Examine the constitutional and policy implications.” |
| Prelims | GIB (Ardeotis nigriceps, CR IUCN, CITES Appendix I, WPA Schedule I, 50-249 individuals, Desert NP Rajasthan); Bustard Recovery Programme (MoEFCC + WII); Sam + Sorsan captive breeding; MK Ranjitsinh v UoI (2024); Articles 14 + 21; Subhash Kumar v State of Bihar (1991); Urgenda (2019); KlimaSeniorinnen (2024) |
Cross-Links
- AP Green Energy Corridor Phase-III (May 29, 2026)
- India 3rd globally in renewables (283.46 GW, IRENA 2026)
- 500 GW non-fossil by 2030 (Panchamrit, COP26 Glasgow 2021)
- NDC 2031-2035 (60% non-fossil by 2035, Cabinet March 2026)
- Amolops kamal (Nagaland, May 2026) — companion biodiversity story
- CSE State of India’s Environment 2026 (7/9 planetary boundaries breached)
Source: The Great Indian Bustard vs Solar: Did the Supreme Court Get the Balance Right? — Ujiyari.com | Free UPSC & State PCS Editorial Analysis
