Apex Court rules GIB protection to be ‘non-negotiable’

The Supreme Court of India's recent declaration on December 22, 2025, that the protection of the critically endangered Great Indian Bustard (GIB) is "non-negotiable" marks a watershed moment in India's environmental jurisprudence and renewable energy landscape. This landmark verdict, particularly concerning the threat posed by overhead power transmission lines to the GIB, is set to fundamentally redraw the map for renewable energy projects, especially solar and wind farms, in the bird’s crucial habitats across states like Rajasthan and Gujarat. It underscores the judiciary's proactive role in balancing ambitious developmental goals with the imperative of biodiversity conservation, making it an indispensable topic for aspirants preparing for UPSC, SSC, Banking, and State PSC examinations.

On December 22, 2025, the Supreme Court of India delivered a pivotal verdict, unequivocally declaring the protection of the Great Indian Bustard (GIB) as "non-negotiable." This ruling mandates stringent measures, including the undergrounding of power transmission lines and the installation of bird diverters, in the GIB's critical habitats, primarily in Rajasthan and Gujarat. The immediate significance for India is profound: it signals a fundamental recalibration of priorities, where the survival of a critically endangered species takes precedence over the unhindered expansion of renewable energy infrastructure. This decision is anticipated to significantly impact India's ambitious renewable energy targets, potentially increasing project costs and necessitating strategic re-evaluation of project sites. For competitive exams, this ruling is paramount, touching upon core themes of environmental law, sustainable development, judicial activism, biodiversity conservation, and the complex interplay between economic growth and ecological preservation, making it a high-yield topic across Prelims, Mains, and interviews.

The Great Indian Bustard (GIB), Ardeotis nigriceps, is one of the heaviest flying birds in the world and a flagship species of India's grasslands. Its dwindling population, estimated at merely 150 individuals globally as of 2024, has rendered it 'Critically Endangered' on the IUCN Red List of Threatened Species and placed it under Schedule I of the Wildlife (Protection) Act, 1972 (WPA). This precarious status is primarily a result of habitat loss and fragmentation, poaching, and, most significantly, collisions with overhead power transmission lines and wind turbines. The vast, open landscapes favored by GIBs for breeding and foraging often coincide with prime zones for solar and wind energy generation, leading to an escalating conflict.

Historically, the issue of GIB conservation has gained prominence amidst India's aggressive push for renewable energy. The nation's commitment to combating climate change includes ambitious targets, such as achieving 500 GW of non-fossil energy capacity by 2030, a significant portion of which is planned through large-scale solar and wind projects in states like Rajasthan and Gujarat – precisely the GIB's last strongholds. This synergy between abundant solar irradiation and wind potential in arid regions often overlaps with GIB habitats, leading to the construction of extensive power line networks. These lines, often difficult for the GIBs to detect due to their frontal vision and heavy bodies, have become fatal traps. Studies by the Wildlife Institute of India (WII) have indicated that power line collisions are responsible for a significant percentage of GIB mortalities, sometimes as high as 15% of the total population annually in certain areas.

The constitutional and legal framework underpinning this issue is robust. Article 48A of the Indian Constitution, a Directive Principle of State Policy (DPSP), mandates that "The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country." Complementing this, Article 51A(g), a Fundamental Duty, enjoins every citizen "to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures." The Wildlife (Protection) Act, 1972, provides the statutory backbone, listing GIB under Schedule I, affording it the highest degree of legal protection. Furthermore, the Environment (Protection) Act, 1986, empowers the Central Government to take measures for environmental protection and improvement. The Electricity Act, 2003, while facilitating power infrastructure development, is now subject to the overriding environmental imperatives articulated by the Apex Court.

The policy evolution timeline reflects growing awareness and judicial intervention:

• 1972: Wildlife (Protection) Act enacted, GIB listed under Schedule I.
• 1980s-1990s: GIB population witnesses steep decline due to habitat loss and poaching.
• 2013: Ministry of Environment, Forest and Climate Change (MoEFCC) launches 'Project Great Indian Bustard' with financial assistance from the Compensatory Afforestation Fund Management and Planning Authority (CAMPA) to protect the species and its habitat.
• 2015: India ratifies the Convention on Migratory Species (CMS), under which GIB is listed in Appendix I, requiring strict protection.
• 2020 (April): The Supreme Court, in a preliminary order in M.K. Ranjitsinh and Ors. v. Union of India and Ors., directed that all overhead power lines in "priority" GIB areas of Rajasthan and Gujarat be converted to underground power lines, and bird diverters be installed on existing lines in "potential" areas.
• 2021 (July): The MoEFCC launches the 'GIB Species Recovery Programme' under the 'Integrated Development of Wildlife Habitats' scheme, focusing on captive breeding and habitat improvement.
• 2025 (December 22): The Supreme Court issues its comprehensive verdict, declaring GIB protection "non-negotiable," expanding the scope of its earlier directives and emphasizing strict compliance.

Internationally, India is a signatory to the Convention on Biological Diversity (CBD) and the Convention on Migratory Species (CMS), both of which mandate the protection of endangered species and their habitats. The GIB, being a migratory species, features prominently in Appendix I of CMS, obliging India to conserve its populations and habitats. This verdict, therefore, aligns with India's international commitments towards biodiversity conservation and sustainable development goals (SDGs), particularly SDG 15 (Life on Land) and SDG 7 (Affordable and Clean Energy), albeit with a re-prioritization.

The Supreme Court's verdict has brought various stakeholders into sharp focus, each with distinct roles, interests, and positions:

Government Bodies/Ministries Involved:

• Supreme Court of India: The primary authority issuing the binding verdict, demonstrating judicial activism in environmental protection. Its position is to uphold constitutional mandates and ensure the survival of critically endangered species.
• Ministry of Environment, Forest and Climate Change (MoEFCC): The nodal ministry for environmental policy and conservation. It has consistently advocated for GIB protection through initiatives like 'Project Great Indian Bustard' and the 'GIB Species Recovery Programme'. Its role now includes formulating revised guidelines for infrastructure projects in GIB habitats and ensuring compliance.
• Ministry of New and Renewable Energy (MNRE): Responsible for promoting renewable energy in India. MNRE's position is to achieve India's ambitious 500 GW non-fossil fuel capacity target by 2030, which may now face challenges due to the increased costs and logistical hurdles in GIB zones. They will be instrumental in identifying alternative RE project sites and exploring new transmission technologies.
• Ministry of Power: Oversees the country's power infrastructure. The verdict directly impacts its mandate to ensure reliable and affordable power supply, as undergrounding transmission lines significantly increases costs and complexity.
• State Governments (Rajasthan, Gujarat, Maharashtra, Karnataka): These states host the primary GIB habitats. Rajasthan, for instance, is home to the Desert National Park, a critical GIB habitat, and is also a leading state for solar and wind energy development. State governments are responsible for land acquisition, project approvals, and on-ground implementation of both conservation and energy projects. Their position is often a tightrope walk between economic development and ecological preservation.
• National Green Tribunal (NGT): Though not directly involved in this SC verdict, the NGT often handles environmental disputes and may see increased cases related to EIA compliance and project clearances in sensitive ecological zones.

International Players:

• International Union for Conservation of Nature (IUCN): Provides the 'Critically Endangered' status for GIB, highlighting its global conservation importance. IUCN's reports and data are often cited in legal and policy discussions.
• United Nations Development Programme (UNDP): Supports sustainable development initiatives globally, including biodiversity conservation projects. The verdict aligns with the broader goals of sustainable development.

Affected Communities/Sectors:

• Renewable Energy Sector (Solar and Wind Developers): This sector, comprising major players like Adani Green Energy, ReNew Power, and Tata Power Solar, is significantly impacted. India's RE sector attracted approximately $11.8 billion in investments in FY2023. The verdict could lead to project delays, re-routing, increased capital expenditure (undergrounding is estimated to be 3-5 times more expensive than overhead lines), and potential financial strain on existing projects in GIB habitats. This may affect India's ability to meet its 500 GW target by 2030.
• Local Communities: Pastoralist communities such as the Raikas and Maldharis in Rajasthan and Gujarat, whose livelihoods are intertwined with the grasslands, are indirectly affected. Conservation efforts may impact traditional land use, while new infrastructure might bring employment opportunities. Balancing their rights and welfare with conservation is crucial.
• Conservation NGOs and Researchers: Organizations like the Bombay Natural History Society (BNHS) and the Wildlife Institute of India (WII) have been at the forefront of GIB conservation, providing scientific data and advocating for stronger protection. They often act as petitioners in such cases, representing the voice of conservation. Their position is strongly in favor of species preservation.

Expert Opinions:

• Wildlife Biologists: Emphasize the urgency of GIB protection, citing the species' low reproductive rate and high mortality from power line collisions. They advocate for 'GIB-safe' development strategies.
• Environmental Economists: Point out the "economic externalities" of biodiversity loss and argue for internalizing conservation costs into project development. They suggest mechanisms like green bonds and carbon credits to offset increased costs.
• Legal Experts: Debate the extent of judicial intervention, often weighing judicial activism against the separation of powers. Many view this as a necessary step to enforce environmental laws where executive action has been insufficient.

Political Positions:

• The ruling party (e.g., BJP at the Centre) typically balances economic development and environmental protection, often prioritizing the former. This verdict presents a challenge to its 'Ease of Doing Business' narrative in the RE sector, requiring a revised approach to project planning.
• Opposition parties may highlight potential policy inconsistencies or the government's perceived failure to adequately protect endangered species while pushing for rapid industrialization.

The Supreme Court's GIB verdict is a multi-faceted issue that offers significant exam relevance across various competitive examinations, particularly UPSC, SSC, Banking, and State PSCs.

UPSC Relevance:

• Prelims (Potential MCQ topics):

  • Species-specific facts: GIB's IUCN status (Critically Endangered), Schedule I of WPA 1972, key habitats (Desert National Park - Rajasthan, Naliya - Gujarat), specific threats (power lines).
  • Constitutional Provisions: Articles 48A (DPSP) and 51A(g) (Fundamental Duty) related to environmental protection.
  • Key Acts: Wildlife (Protection) Act, 1972; Environment (Protection) Act, 1986; Electricity Act, 2003.
  • Conservation Initiatives: 'Project Great Indian Bustard', 'GIB Species Recovery Programme'.
  • Judicial Intervention: Role of Supreme Court, concept of "public trust doctrine" (though not explicitly mentioned in the verdict, it underlies environmental jurisprudence).
  • Renewable Energy Targets: India's 500 GW non-fossil fuel capacity by 2030.
  • International Conventions: India's signatory status to CMS (GIB in Appendix I) and CBD.

• Mains (GS Paper connections):

  • GS Paper I (Geography & Society): Distribution of biodiversity hotspots, impact of infrastructure on fragile ecosystems (e.g., desert ecology), socio-economic implications for communities in conservation zones, human-wildlife conflict.
  • GS Paper II (Polity & Governance):
    • Judicial Review/Activism: The extent of judicial intervention in policy matters, balancing environmental protection with developmental goals.
    • Constitutional Principles: Enforcement of DPSPs and Fundamental Duties.
    • Centre-State Relations: Coordination between central ministries (MoEFCC, MNRE, Power) and state governments (Rajasthan, Gujarat) on policy implementation.
    • Governance: Challenges in integrated environmental planning and project clearances.
  • GS Paper III (Economy, Environment & Disaster Management):
    • Economy: Impact on the renewable energy sector, investment climate, energy security, green economy, sustainable development. Challenges to achieving RE targets.
    • Environment: Biodiversity conservation, habitat protection, climate change mitigation (RE deployment), environmental impact assessment (EIA) processes, concept of "critical wildlife habitats."
    • Sustainable Development: The core conflict between development and conservation, exploring pathways for green growth.
  • GS Paper IV (Ethics, Integrity & Aptitude):
    • Environmental Ethics: Anthropocentric vs. Ecocentric views, duty towards future generations, intrinsic value of nature.
    • Conflicting Values: Balancing economic growth, energy security, and biodiversity conservation.
    • Corporate Governance: Ethical responsibilities of renewable energy companies.

• Essay: Broader themes this connects to include "Development vs. Environment: A False Dichotomy or an Inevitable Conflict?", "The Role of Judiciary in Environmental Governance in India," "Sustainable Energy for a Sustainable Planet: Challenges and Opportunities," and "Biodiversity Conservation: A Moral Imperative and an Economic Necessity."

• Previous Year Questions: UPSC has frequently asked questions on endangered species (e.g., Asiatic Lion, One-horned Rhino), environmental protection acts, the role of the judiciary in environmental cases, and India's renewable energy policy. This topic is a perfect blend of these recurring themes.

SSC/Banking Relevance:

• Current Affairs Section Importance: High importance. Questions will likely focus on:
  • The species (GIB) and its status.
  • The Supreme Court's verdict: "non-negotiable" protection.
  • The primary threat: power lines.
  • Impact on renewable energy.
  • Key states involved (Rajasthan, Gujarat).
  • Full forms of relevant ministries (MoEFCC, MNRE).
• Economic/Banking Angle: Impact on investment in renewable energy projects, potential for project financing challenges, role of green bonds, and the overall economic implications for energy sector growth.
• Static GK Connections: National parks/wildlife sanctuaries (e.g., Desert National Park), IUCN Red List categories, major power projects in India, constitutional articles (48A, 51A(g)).

Exam Preparation Tips:

• Key facts to memorize: GIB's IUCN status (Critically Endangered), WPA Schedule I, estimated population (~150), main habitats (Desert National Park, Naliya), date of SC verdict (2025-12-22), India's RE target (500 GW by 2030).
• Important abbreviations/full forms: GIB (Great Indian Bustard), WPA (Wildlife (Protection) Act), MoEFCC (Ministry of Environment, Forest and Climate Change), MNRE (Ministry of New and Renewable Energy), IUCN (International Union for Conservation of Nature), DPSP (Directive Principles of State Policy), CBD (Convention on Biological Diversity), CMS (Convention on Migratory Species).
• Data points to remember: Approx. 150 GIBs, 500 GW RE by 2030, undergrounding costs (3-5 times higher).
• Cross-topic connections: Link environmental conservation with economic development, constitutional provisions, international relations, and ethical dilemmas. Think about how this verdict affects India's global image as a climate leader and biodiversity protector. Practice drawing flowcharts connecting these elements.

The Supreme Court's "non-negotiable" verdict on GIB protection will reverberate across multiple dimensions of India's policy, economy, society, and environment.

Economic Impact:

• GDP/Sector Implications: The renewable energy (RE) sector, a significant contributor to India's green economy, is expected to face substantial headwinds in GIB habitats. India aims for 500 GW of non-fossil fuel capacity by 2030, with a substantial portion from solar and wind. Project delays, re-routing, and the mandatory undergrounding of power lines will increase capital expenditure significantly. Undergrounding is estimated to be 3-5 times more expensive than overhead lines, adding potentially hundreds of crores to project costs in sensitive zones. This could slow down RE capacity addition in states like Rajasthan and Gujarat, which are critical for achieving national targets, thereby impacting the sector's contribution to GDP growth (which currently benefits from RE investments).
• Employment Effects: While project delays might lead to temporary job losses in RE construction, the demand for specialized skills in underground cabling and bird diverter installation could create new employment opportunities. However, the overall net effect on employment in the RE sector in the short to medium term could be negative if projects become unviable.
• Fiscal Implications: Increased project costs may necessitate higher government subsidies or lead to increased power tariffs for consumers. The financial burden on state transmission utilities (STUs) and central public sector undertakings (CPSUs) like Power Grid Corporation of India Limited (POWERGRID) will rise. This could impact budget allocations for other developmental projects.
• Industry/Business Effects: Renewable energy developers (e.g., Adani Green, ReNew Power, Tata Power Solar) will need to re-evaluate their investment strategies, conduct more rigorous environmental impact assessments (EIAs), and potentially shift focus to non-GIB habitats or offshore wind. This could impact their profitability and market valuations. Financial institutions lending to these projects may face increased risk and stricter due diligence requirements.

Social Impact:

• Communities Affected: Local communities, particularly pastoralist groups like the Raikas and Maldharis in the GIB's desert habitats, have long coexisted with the bustards. While conservation is vital, the implementation of strict protection zones might lead to changes in land use patterns, potentially impacting traditional grazing rights or access to resources. There could be a need for resettlement or alternative livelihood programs, leading to potential social friction if not managed inclusively.
• Rights/Welfare Implications: The verdict highlights the complex interplay between environmental rights (right to a healthy environment) and the rights of communities to development and traditional livelihoods. Ensuring that conservation efforts do not disproportionately burden local populations will be a critical governance challenge.
• Gender/Minority Considerations: Women in rural areas often bear the brunt of environmental degradation or changes in resource access. Any shifts in land use or economic activity due to the verdict could have specific implications for women's roles and economic participation, requiring gender-sensitive planning.

Political Ramifications:

• Governance Implications: The verdict presents a significant governance challenge, requiring enhanced coordination between the MoEFCC, MNRE, Ministry of Power, and state governments. It may necessitate the creation of integrated land-use plans that consider both ecological sensitivity and energy development. The ruling also intensifies the debate on judicial activism versus executive policy-making, as the Court has directly mandated infrastructure changes.
• Policy Direction Changes: The government will likely need to revise its renewable energy policy framework to incorporate stringent environmental safeguards, especially in ecologically sensitive zones. This could lead to a greater emphasis on decentralized renewable energy, offshore wind, or projects in regions less critical for endangered species. The quality and rigor of EIAs for all major infrastructure projects will likely increase.
• International Relations Angle: India's commitment to biodiversity conservation, as a signatory to CBD and CMS, is reinforced by this verdict. This strengthens India's international standing as a responsible environmental steward, even as it pursues ambitious climate targets. It demonstrates a willingness to prioritize biodiversity alongside climate action.

Environmental Considerations:

• Sustainability Aspects: This is a landmark ruling for biodiversity conservation, setting a powerful precedent for prioritizing the survival of critically endangered species. It pushes for more sustainable infrastructure planning that minimizes ecological footprints. The verdict underscores that "green energy" must also be "green" in its deployment, not just in its output.
• Climate Change Connections: While renewable energy is vital for climate change mitigation, this ruling highlights the need for a holistic approach. Unchecked RE development can inadvertently harm biodiversity. The challenge now is to accelerate RE deployment sustainably, ensuring it doesn't create new ecological problems. This could drive innovation in bird-safe turbine designs and transmission technologies.
• Natural Resource Implications: Beyond the GIB, the verdict indirectly protects the fragile desert and grassland ecosystems which are home to a unique array of flora and fauna. These ecosystems are vital carbon sinks and provide essential ecological services. The ruling encourages a broader consideration of ecosystem health in infrastructure development.

The Supreme Court's "non-negotiable" stance on GIB protection initiates a complex and critical phase for India's environmental and energy sectors. The future trajectory will be shaped by a series of policy adjustments, technological innovations, and ongoing judicial oversight.

Short-term developments (next 3-6 months):

• Revised Guidelines: Expect the Ministry of Environment, Forest and Climate Change (MoEFCC) and the Ministry of New and Renewable Energy (MNRE) to issue revised, more stringent guidelines for the siting, construction, and operation of renewable energy projects and associated transmission infrastructure in and around GIB habitats. These will likely delineate "GIB priority areas" and "GIB potential areas" with specific mandates for undergrounding and bird diverters.
• Industry Response: Renewable energy developers and power transmission companies will be actively engaged in re-evaluating existing project portfolios, conducting feasibility studies for undergrounding, and lobbying for government support or compensatory mechanisms for increased costs. Project delays and potential cancellations are likely in the immediate future.
• State-level Implementation: State governments, particularly Rajasthan and Gujarat, will face the immediate challenge of enforcing the verdict, which includes identifying existing overhead lines for conversion and ensuring new projects comply. This will require significant administrative and financial resources.
• Legal Challenges: There might be review petitions or clarification applications filed by affected parties, particularly from the energy sector, seeking modifications or clearer definitions of "GIB habitats" and implementation timelines.

Long-term policy implications (1-2 years):

• Integrated Land-Use Planning: The verdict will likely accelerate the development of comprehensive, ecologically sensitive land-use plans that integrate conservation zones with renewable energy development corridors. This could involve identifying "GIB-safe" zones for RE projects and "no-go" zones.
• Technological Innovation: There will be a sustained push for research and development in bird-safe power infrastructure, including more efficient and cost-effective undergrounding technologies, advanced bird diverters, and potentially AI-driven bird detection and deterrent systems.
• Funding Mechanisms: The government may explore dedicated funding mechanisms, potentially through green bonds or special levies, to support the increased costs of GIB-friendly infrastructure.
• Precedent for Other Species: This ruling sets a powerful precedent for the protection of other critically endangered species facing similar threats from infrastructure development across India, such as the Lesser Florican or certain vulture species.
• Refinement of EIA Processes: Environmental Impact Assessment (EIA) procedures for large-scale projects will likely become more rigorous, with greater emphasis on biodiversity impact, especially for Schedule I species.

Related upcoming events/deadlines/summits:

• Annual Budget Announcements: Future Union Budgets may reflect allocations for GIB conservation and infrastructure modification.
• COP Meetings (e.g., CBD COP): India's progress on biodiversity conservation will be a highlight in international forums.
• National Energy Policy Updates: The National Energy Policy and Renewable Energy Roadmaps will need to be revised to align with this judicial directive.

Areas requiring monitoring for exam updates:

• Specific policies/guidelines issued by MoEFCC and MNRE: Pay attention to dates, classifications of GIB habitats, and technical specifications for undergrounding/diverters.
• Impact on India's RE capacity addition figures: Track official reports on how much new solar/wind capacity is added annually and if there's a noticeable slowdown or shift in regional focus.
• GIB population trends: Continued monitoring of GIB numbers by WII and other agencies will indicate the effectiveness of these measures.
• Financial implications: Any reports on the increased costs incurred by power companies or government subsidies provided.
• Further judicial pronouncements: Any follow-up orders from the Supreme Court or rulings from the National Green Tribunal (NGT) on related environmental cases.
• Technological advancements: New developments in "bird-safe" infrastructure.

This verdict is not merely about a bird; it's about the very ethos of sustainable development in India, prompting a critical re-evaluation of how growth is pursued while safeguarding the nation's invaluable natural heritage.