New Delhi, Sep 5 (PTI) Chief Justice of India (CJI) Surya Kant on Saturday said an entirely-preserved forest that remains undeveloped will benefit no one and a country that develops without any regard for the apparatus that sustains forests will maim its future generations.
Addressing the gathering at a session on judicial leadership in ecological governance and the advancement of sustainable-energy systems on the second day of the BRICS Chief Justices’ Forum attended by chief justices, presidents of supreme courts and senior judicial leaders from the BRICS member states and partner countries, CJI Kant said, courts have the power to harmonise the cadence of development with the melody of sustainability.
He said by sharing precedents, learning from each other’s triumphs and trials and fostering a jurisprudence that is both resolute and compassionate, the seeds of a planetary ethic, where the law becomes a bridge between human ambitions and ecological balance, can be sown.
“Ladies and gentlemen, an entirely-preserved forest within a nation that remains undeveloped will benefit no one. Conversely, a nation that develops without regard for the apparatus that sustains it will maim its future generations,” the CJI said.
Emphasising the need for balance, he said the task before the judiciary is to strike a fine balance.
“We tend to mistake it for an abstract contest between conservation and development, as though one value were bound to defeat the other,” he said.
The CJI said the economic progress of countries is, without a question, a necessity if they are to grow and prosper, and yet they cannot afford to lose sight of the fact that protecting the environment and ecological biodiversity is no less urgent.
“Distinguished friends, our constitutions vary significantly, in such a manner that no single doctrine can seamlessly traverse them. Instead, let us focus on the most potent methods and conclusive principles — (i) the appointment of independent experts prior to redefining ecological boundaries, (ii) holding authorities accountable for their commitments and (iii) maintaining the mindset that growth is justified only to the extent that the underlying system can sustain it and no further,” he said.
Referring to a recent case of tree felling in Delhi’s ridge forest for constructing an approach road for a hospital — a matter adjudicated by the top court — the CJI said, “It was, in every sense, a genuine Catch-22 — to insist upon retaining the forest was to put at risk all those lives for whom such a hospital was being built, to permit the road without any condition was to let public utility become a licence to fell whatever stood in its way.” He said in the end, the court held that public utility, however compelling, could never by itself excuse a breach of constitutional environmental safeguards.
“The road was allowed to be constructed, but only alongside firm conditions, namely, compensatory afforestation across 185 acres of land, placed under the oversight of an independent committee of environmentalists and verified through (i) recurring, photographed reports of survival, (ii) extensive green cover restored along the road itself and (iii) financial penalties upon the officials who had felled those trees without authorisation in the first place,” Justice Kant said.
He further said he believes that matters like these do not ask for choosing conservation over development or development over conservation.
They demand something more — to look comprehensively at all the evidence, locate, case by case, exactly where that middle ground lies so as to strike the right balance and then hold every party to it, including the State — he said, adding, “That is what the role of the judiciary is and what it must strive to painstakingly perform.” In his closing address, the CJI said in the 20 years since the founding of the grouping, this is the first time that India has hosted the BRICS Chief Justices’ Forum and that too in the year of its BRICS chairship.
“Such a confluence of history is one that India regards as both a treasure and a privilege to share with each of you,” he said, while elaborating on the deliberations held in different sessions of the summit.
“We spoke of the judiciary’s growing role in ecological governance, the transition to sustainable energy and the responsibility of our courts to reconcile developmental ambition with environmental stewardship. The choices we make in this endeavour will shape not only the world we inhabit today, but the one we leave behind for generations yet to come,” he said.
CJI Kant said if he were to draw one thread through these conversations, it would be this: “in our shared pursuit of justice, we find that the ideals of fairness, equity and human dignity speak in a universal tongue”.
“Before the curtains draw to a close, allow me to extend my deepfelt thanks to each of you — excellencies — the chief justices, the presidents and the distinguished judges, you being the guardians of justice from across our resurgent civilisations — who have journeyed here to lend your wisdom, your presence and your vision,” he said, adding that the forum has reminded the participants that their duty extends beyond the courtroom.
The CJI added that the forum calls upon the participants to nurture a global jurisprudence of cooperation, having sown the seeds of dialogue that will blossom into frameworks of mutual respect, sustainable growth and enduring harmony. PTI MNL RC
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