The Great Nicobar Island
Development project is the most ambitious infrastructure project by the Indian
Government which envisages a trans-shipment port, an international airport,
township development, and a 450 Megavolt-Amperes (MVA) gas and solar-based
power plant along with strategic presence in the Indo-Pacific. However,
constitutional concerns are propounded for its location in an ecologically
fragile and seismically sensitive region. Existing scholarly engagement
gravitates towards environmental and geopolitical dimensions, whereas
constitutional analysis under Article 21 and India's environmental
jurisprudence received scant attention.
This paper incorporates a
doctrinal legal methodology, analyzing constitutional provisions, landmark
Supreme Court precedents and publicly available policy documents related to the
project. In this paper the key principles namely precautionary principle,
sustainable development, inter-generational equity, and the public trust
doctrine are scrutinized.
The study finds that the
current framework of the project exhibits insufficient compliance with
constitutional safeguards, even though it pursues legitimate strategic and
developmental objectives. The paper concludes that while not inherently
unconstitutional the project fails to satisfy exacting constitutional standard
in its current form, making stronger environmental and procedural safeguards
indispensable.
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