On Monday, the Supreme Court determined that the right to a clean environment is a fundamental right protected by the Indian Constitution, while also affirming that the right to development through industrialization is of equal importance. The court emphasized the necessity for sustainable development that reconciles these two rights, achieving a "golden balance" between environmental conservation and economic advancement.
The bench, comprising Justices Bela M. Trivedi and P.B. Varale, stated, "Although the right to a clean environment is a fundamental right guaranteed under Articles 14 (equality) and 21 (right to life) of the Constitution of India, the right to development through industrialization also holds significant priority among fundamental rights, particularly under Articles 14, 19 (right to engage in any profession, occupation, trade, or business), and 21 of the Constitution of India." These remarks were made as the Supreme Court overturned an April 2022 ruling by the National Green Tribunal (NGT), which had prohibited the Auroville Foundation from conducting development activities within its township in Puducherry.
The bench emphasized that economic development and environmental protection can coexist, referencing previous legal precedents. It stated, “Sustainable development is recognized as a practical approach to eliminate poverty and enhance human well-being while remaining within the ecological limits of supporting ecosystems.” Affirming that this principle is now an established component of customary international law, the bench also referenced the Brundtland Report, which defines sustainable development as “development that fulfills the needs of the present without jeopardizing the ability of future generations to satisfy their own needs.”
This case emerged when residents of Auroville petitioned the National Green Tribunal (NGT), claiming that the Auroville Foundation’s Road construction—specifically the Crown Road and Outer Ring Road—was damaging a forested region known as the Darkali Forest. The NGT instructed the foundation to create a revised township plan, secure environmental clearance, and suspend construction until these requirements were met.
The Supreme Court determined that the National Green Tribunal (NGT) had exceeded its authority. The ruling emphasized that the Master Plan for Auroville, which encompassed the disputed roads, had received approval from the relevant authorities as early as 2001 and was officially notified in 2010.
“The Tribunal has fundamentally misdirected itself by encroaching upon the limited scope of judicial review under the pretext of applying the ‘Precautionary Principle’ in exceptional circumstances, thereby interfering with the execution of the Master Plan,” stated the bench. Additionally, the court highlighted the absence of substantial evidence to support the claim that the Darkali Forest met the legal definition of a deemed forest. It referenced the NGT’s own conclusion that the area constituted a man-made plantation and had never been classified as a forest in official government records.
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