M K Ranjithsinh & Ors. Vs Union of India 2024

Case Name :-M K Ranjithsinh & Ors. Vs Union of India 2024

Court:- Supreme Court Of India

Couram:- CJI Dhananjaya Y Chandrachud, J B  Pardiwala, Manoj Mishra.

Fact of the case

The Great Indian Bastard is found in the Rajasthan state of India. According to IUCN 2018, it shows the declination of the population in India, while IUCN has declared it as 'Critically Endangered species. Declining the GIB in India because of contaminated environment and climate change.

ISSUE

Ø  To construct the make an expert committee to examine conservation of GIB.

Ø  Whether the right to be free from adverse effects of climate change comes under article 21 of the constitution?

Ø  ​To construct new projects and solar panels to protect them.

 

REFRENCE CASE

In this case, The H'ble Supreme Court has the following three major judgments.

First is Mc Mehta vs Kamal Nath (2000) and Second is Virendra Gaur vs State of Haryana (1995), The Supreme Court held that the right to hygienic environment is a fundamental right under article 21 of the Indian Constitution.

Another case is Bombay Dyeing & Mfg. Ltd v Bombay Environmental Action Group (2006), the court recognised that climate change posed a “ major threat” to the Environment.

Judgement

ü  The SC has observed that to construct a three-judge bench committee to examine the scope and feasibility and that area which has found the GIB considered as" PRIORITY" for the conservation of GIB.

ü The SC has recognized a right to be free from the adverse effects of climate change as a distinct right under the ambit of Article 14 & 21 of the Indian Constitution.

ü  The Court also observed that granting solar panels to protect them.

SOURCE:-2024 INSC 280