The Supreme Court on 24 May 2026 heard a petition challenging the constitutional validity of the wet‑land definition in Wetlands (Conservation and Management) Rules, 2017. The bench, headed by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, limited its notice to the alleged vagueness of Rule 2(g).
Key Developments
- Petitioner Gopal Sankaranarayanan argued that the 2017 definition narrows protection, leaving 44 of 99 identified sites unprotected.
- The petition claims that more than one lakh wetlands, including bird sanctuaries, lose protection under the new definition.
- Rule 2(g) excludes river channels, paddy fields, human‑made tanks for drinking water, and structures for aquaculture, salt production, recreation and irrigation.
- Justice Bagchi noted that earlier judgments based on the 2010 definition cannot stop the government from redefining wetlands, but the court is concerned about the definition’s clarity.
- The bench confined its review to the “vagueness” issue and did not address the broader constitutional challenge.
Important Facts
The petition seeks a declaration that Rule 2(g) is ultra vires of Article 32 and violates Articles 14, 19 and 21 (equality, freedom of speech, and right to life). Under the 2017 Rules, a wetland is defined as an area of marsh, fen, peatland or water—natural or artificial, permanent or temporary—while specifically excluding the categories mentioned above.
Exam Relevance
Understanding the legal framework of wetland protection is essential for GS 3 (Environment) and GS 2 (Polity). The case illustrates how environmental statutes are subject to constitutional scrutiny, especially concerning the principles of equality (Article 14), freedom of expression (Article 19) and right to life (Article 21). The dispute also highlights the role of the judiciary in interpreting environmental policies and the importance of precise statutory language.
Way Forward
- The Court will examine whether Rule 2(g) is unconstitutionally vague and whether it infringes the cited fundamental rights.
- If found ultra vires, the definition may be revised to align with the broader 2010 standard and international conventions.
- States need to expedite wetland notification under the existing framework to avoid regulatory gaps.
- Policy‑makers should ensure that future definitions are clear, scientifically grounded, and constitutionally sound.