Author: Ms Chhaya Bhardwaj, Associate Professor at the O P Jindal Global University and PhD Candidate at Dublin City University

The Great Indian Bustard, also known as Godawan is the state bird of the state of Rajasthan in India. It is a critically endangered species, vulnerable to extinction, but part of ambitious conservation programs in the country. M. K. Ranjitsinh filed a Writ Petition number 838/2019 before the Supreme Court of India making several prayers with an objective to protect the Godawan from unplanned electricity projects and overhead transmission lines.

In the order dated 19 April 2021, the Supreme Court of India, ordered that one of the solutions to protect the birds from the unplanned projects would need laying down underground power transmission lines, and dismantling the currently laid down overhead transmission lines (para 15). To assess the practicalities of this solution, the Court constituted a committee to study the problem and solution. Additionally, in areas where overhead transmission lines already exist, the government was ordered to install bird diverters to protect the birds (para 18).

This decision by the Apex Court of India, however, was contested by the Indian Government. According to them, the decision was negatively impacting the government’s plan to develop renewable energy in India, and lay pathways to transition away from the fossil fuels (para 7). According to the government, India is required to install renewable energy projects to transition away from fossil fuels under the international climate change law, more particularly under the United Nations Framework Convention on Climate Change 1992 (7). The interim order restricted government’s plans to utilise a large proportion of the solar and wind energy potential of the country (ibid).

In the 2024 decision, the M.K. Ranjitsinh v. Union of India break new ground in India, as the Supreme Court held that people in India had a right to be protected from the adverse effects of climate change (page 17). This decision, however, came with a view of the Court that the decision to install an underground or overhead transmission lines is a matter of environmental policy, for which this Court is appointing another expert committee.

In 2025, the Supreme Court delivered its final decision on the issue connecting the deep cultural and ecological significance of the bird for the people of Rajasthan (paras 1-3). The Court acknowledged that climate change and overhead transmission lines are two of the major factors that have lead to severe decline in population of Godawan. However, the court did not link development of overhead transmission lines in the region to climate change and the reparative measures that India is taking.

In the view of the Court the expert Committee established by the 2024 decision was bestowed with the responsibility to come with balanced solutions that can allow the government to set up transmission lines to further solar power generation, and also protect Godawan (para 17 and 18). The Committee highlighted two important biological factors characterising the life of the Bird. Firstly the birds peripheral vision was maladapted in the current landscape with linear aerial infrastructures (para 22). And secondly, these birds breed slowly due to which losing and adult bird affects the population of the species (para 22).

The Supreme Court’s decision enunciates numerous recommendations for the States of Rajasthan, Gujarat and the Union Government of India. However, one of the most important part of the decision is the order to ensure that 250 kilometres of critical power line is timely made underground (para 76). There are additional suggestions for re-routing the transmission lines, monitoring and protecting the bird’s habitat, and their conservation through the breeding programs.

The decision by the Supreme Court will be instrumental in protecting the Godawan, while also simultaneously allowing for the development of renewable energy in India and the practice of renewable energy development. Firstly, the case highlights that if the government continues to keep the renewable energy projects outside of the scope of environmental impact assessment frameworks, the Courts will have to step in by continuing to appoint the expert committees. This practice can be exhausting and expensive. Secondly, the Supreme Court’s 2024 decision made the right to be protected from the adverse effects of climate change a constitutionally guaranteed fundamental human right in India. This guarantee will go a long way in shaping climate jurisprudence in India. Finally, the fundamental human right to be protected against climate change continues to be a higher right in comparison to the rights of non-humans like the Godawan. This anthropocentricity of the solution to anthropogenic climate change might be disadvantageous to biodiversity justice in India. India continues to be committed to the development of renewable energy projects in India, to save people from climate change, and the inclusion of biodiversity along with the people will be highly beneficial.