Relevance: GS-2 (Polity, Governance & Judiciary) & GS-3 (Environment, Infrastructure)  |Source: The Indian Express

1. What is the Core Issue?

The ₹81,000-crore mega-infrastructure project on Great Nicobar Island is facing a major legal challenge.

• The News: The Calcutta High Court (Port Blair Bench) has agreed to hear Public Interest Litigations (PILs) against the project.
• The Allegation: Petitions claim the government ignored the Forest Rights Act (FRA), 2006, by rushing or faking the mandatory Gram Sabha consent needed to clear ancient forests.

2. Strategic Goals vs. Ecological Costs

To understand the case, an administrator must balance two competing interests:

• National Security: The project includes a mega-port and a military-civilian airport near the Strait of Malacca. This is a critical maritime chokepoint used to monitor naval traffic and counter international competition in the Indian Ocean.
• Environment & Tribes: The plan requires cutting 166 sq. km of pristine rainforest. This threatens the ancestral lands of indigenous tribes and the habitats of endangered wildlife.

3. Important Legal Lessons

The High Court’s decision to hear the case highlights three major principles of Indian law:

• A. Locus Standi (Right to file a case): The government argued that because the petitioner does not live on the island, she has no right to sue. The Court rejected this, stating that for vulnerable tribal communities who cannot reach the courts themselves, any interested citizen can file a PIL on their behalf.
• B. Judicial Review: The government argued the project is too “strategically important” and expensive for the court to stop. The Court ruled that no executive action is above the law. Strategic importance does not give the state permission to shortcut statutory compliance (following the law).
• C. NGT vs. High Court: While the National Green Tribunal (NGT) handles environmental technicalities, the High Court has the power to protect the fundamental and legal rights of citizens under the FRA.

4. High Court Jurisdiction

• Article 241: This allows Parliament to extend a High Court’s power over a Union Territory.
• The Link: Parliament has placed the Andaman and Nicobar Islands under the Calcutta High Court.
• Access to Justice: To make it easier for locals, the court operates a Circuit Bench directly in Port Blair.

5. Vulnerable Tribes & Wildlife Hotspots

The court case specifically highlights the risk to:

• The Shompen (PVTG): A very small, largely uncontacted tribe. The FRA was designed to prevent the displacement of such groups without their clear, majoritarian consent.
• Galathea Bay: The project threatens the prime nesting site of the endangered Giant Leatherback Turtle.

UPSC Value Box

• Locus Standi: The legal right of a person to bring a case to court. In PILs, this rule is relaxed to help the poor and marginalized.
• Judicial Review: The power of courts to check if government actions follow the Constitution and the law.
• PVTG (Particularly Vulnerable Tribal Groups): A special category for tribes with very low literacy and declining populations who need the highest level of protection.

With reference to the judicial system and tribal rights in India, consider the following statements:

1. The legal principle of ‘Locus Standi’ is strictly applied in Public Interest Litigations (PILs) to ensure only affected residents can file a case.
2. Under Article 241 of the Constitution, the jurisdiction of the Calcutta High Court extends to the Union Territory of Andaman and Nicobar Islands.
3. The Shompen tribe of Great Nicobar is officially classified as a Particularly Vulnerable Tribal Group (PVTG).

Which of the statements given above is/are correct? (a) 1 and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3

Correct Answer: (b)