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RIGHT TO DEVELOPMENT: A FUNDAMENTAL RIGHT UNDER SCRUTINY

Why in the News?

• Supreme Court ruling: The SC overturned an NGT order (2022) and a Madras HC decision (2024) halting development in Auroville.
• Key issue: Lack of environmental clearance cited as a reason for stopping construction.
• Balancing rights: The judgment emphasized striking a “golden balance” between the right to a clean environment and the right to development.

Key Observations by the Supreme Court

• Fundamental rights conflict: While Articles 14 and 21 guarantee a clean environment, Articles 14, 19, and 21 also uphold the right to development.
• Error in jurisdiction: The NGT exceeded its authority in halting Auroville’s construction.
• Legally approved plans: The Auroville Master Plan (2001) was approved by the HRD Ministry and published in 2010.

Explanation of Articles 14, 19, and 21 of the Indian Constitution

Article 14 – Right to Equality

• Equal Protection: Ensures equality before the law and equal protection of laws for all citizens.
• Non-Arbitrary Laws: Prohibits discrimination by the state, ensuring fair and just laws.
• Reasonable Classification: Allows differentiation based on intelligible differentia and rational nexus with policy objectives.

Article 19 – Right to Freedom

• Six Fundamental Freedoms:
• Speech and expression
• Assembly (peaceful and unarmed)
• Association and unions
• Movement within India
• Residence and settlement in any part of India
• Profession, trade, or business
• Reasonable Restrictions: Imposed on grounds like sovereignty, integrity, public order, and morality.

Article 21 – Right to Life and Personal Liberty

• Broad Interpretation: Guarantees life with dignity, personal liberty, and a fair legal process.
• Includes:
• Right to privacy (Puttaswamy case, 2017)
• Right to clean environment
• Right to livelihood
• Right to health and education
• Due Process: No one can be deprived of life or liberty except by procedure established by law.