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- CJI Surya Kant On Environment | PM Launches NGT App | Development Balance
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Chief Justice of India (CJI) Surya Kant said on Saturday that balance and not conflict is necessary between conservation and development.
He said that now the question before the courts is not of conservation versus development. The question is how to run both together and maintain them in the long run.
CJI described the Supreme Court as the ‘banyan tree’ of environmental justice. He said the court has strengthened environmental law over four decades.
The CJI was speaking at the inaugural session of the two-day international conference on National Green Tribunal (NGT) at Vigyan Bhawan in New Delhi. Prime Minister Narendra Modi launched the NGT mobile app at the event.
There is no single constitutional path for environmental protection
CJI said that there is no fixed path in the Constitution for environmental protection. He also cautioned the courts from copying similar decisions.
He said that the Supreme Court has recently put forward the idea of ’eco-centric proportionality’. According to this, environmental protection should be strict but also understanding the changing reality.
CJI said that this idea has brought a big change in thinking. Development can now be permitted only with enforceable conditions, expert monitoring, restoration, compensatory afforestation and accountability.
Shift from environmental rights to climate rights
The CJI said that an important shift is to move from environmental rights to climate-related rights.
He said India’s recent climate-related decisions have further clarified the issue within the framework of the Constitution. The adverse effects of climate change may affect equality, livelihoods, health and the conditions necessary for the proper exercise of these rights.
He said the second change is to move from looking at individual environmental damages to understanding entire ecosystems.
The CJI said, “The river does not experience pollution according to administrative boundaries. The forest does not understand the difference between one project and another.”
“The atmosphere does not recognize national boundaries. Therefore, in climate-related matters, one has to look not just at the proposed project but also at the larger ecosystem of which it is a part,” he said.
New system needed for energy transition
CJI said that the challenges ahead will be more difficult. The energy transition will require new infrastructure, new technologies, and new ways of using land and resources.
He mentioned global environmental practices in Nepal, Sri Lanka, South Africa, Brazil, Chile, USA and Australia. He said that there is no single constitutional path for environmental protection.
The CJI said that the study of environmental laws of different countries should not be a direct imitation of the methods of other countries. It should be a medium of global dialogue through understanding among courts and better decisions.
He said, “Courts around the world have shown that the environment is not an object of human ambition. It plays a vital role in the story of our shared prosperity.”
He said, “Each decision is a drop in the larger stream of global environmental protection.”
The CJI said, “The stream of justice cannot flow alone. It gets strength from collective will, scientific understanding and international cooperation.”
He said, “We have to become a bridge between the understanding of our ancestors and the hopes of the coming generations. We have to ensure that the river of progress does not turn red with the silt of destruction while passing through the rocky paths of inaction and indifference.”
Constitution and role of Supreme Court
The CJI described the Constitution as a moral compromise with the past, present and future generations.
He said Article 48A of the Constitution directs the state to protect and improve the environment. Under Article 51A it is the duty of citizens to protect the natural world.
He said that constitutional provisions alone are not enough.
The CJI said, “The words of the Constitution are like seeds. They need the water of judicial understanding, so that they can sprout into life.”
He said, “It is here that the Supreme Court of India has stood like a banyan tree of environmental justice. Its roots are deep in our civilizational thinking and its branches shade the rights of generations that are not yet visible.”
The CJI said that the Supreme Court over the decades has reinforced the view that development without conservation is an illusion that disappears in the desert of environmental devastation.
He noted the evolution of the court’s stance. The CJI said that in the 1980s, the Supreme Court had held that the right of citizens to basic sanitation cannot be made subject to the financial constraints of the municipal body.
He said that till 1991, the right to a pollution-free environment was considered a fundamental right under Article 21.
The CJI said that in 1996 the Supreme Court adopted the principle of caution. Under this, instead of taking action after the loss, it is important to take action beforehand.
In the same year the court also adopted the ‘polluter pays’ principle. Under this, the cost of environmental restoration has to be borne by the party responsible for the damage.
The CJI said that the principle of full liability for industrial damages was also introduced in the same year.
He said that a year later the principle of public trust was recognized. According to this, forests, rivers and air are in the trust of the state for the public benefit. The state is not their absolute owner.
NGT Chairman expressed concern over cross border impact
In the program, NGT Chairman Justice Prakash Srivastava said that climate change, loss of biodiversity and pollution do not recognize national boundaries.
He said that their impact is greatest on those who are least responsible for harming the environment.
Justice Srivastava said, “Extreme weather events are having an increasingly severe impact. The pressure on biodiversity and natural resources is increasing.”
“Pollution is crossing geographical boundaries. Most importantly, environmental damage is falling hardest on those who are least responsible for it,” he said.
Attorney General suggests international environmental court
Attorney General R. Venkataramani expressed the need to move forward from treaties and declarations.
He talked about building a strong global institutional system for environmental and climate justice. It also includes the possibility of a shared and enforceable international court of environmental justice.
He said that no country can tackle the challenges of climate change and environmental degradation alone.
He stressed the need for common rules for the use of natural resources, enforcement of rules and prevention of environmental damage.
He said, “We will not be limited to mere announcements. I think this conference is an attempt to move beyond announcements.”
Union Environment, Forest and Climate Change Minister Bhupendra Yadav and other speakers also participated in the program.
Judicial representatives from 17 countries included
Well-known judges and judicial representatives from 17 countries participated in the conference. Environmental experts from India, secretaries of various ministries, senior government officials, representatives of state judicial academies and district judges also participated.
State legal services authorities and other concerned parties also participated in the conference.
The objective of this conference is to create a platform for global dialogue by connecting environment, development and justice.
Additionally, the conference is identifying shortcomings in policy making, implementation and enforcement of the law.
It also aims to raise environmental awareness, share successful practices and strengthen cooperation between institutions and stakeholders.
In the conference, judicial, scientific and policy best practices are being exchanged on climate related challenges for a sustainable future.
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