‘Stinging Rebuke’: Cong Hails Apex Court Order On Forest Amendment Act
Mar 6, 2025 | Pratirodh Bureau
The Supreme Court upheld the landmark judgement in the case of T.N. Godavarman Thirumulpad v. Union of India of 1996, which ruled that the definition of forests is “broad and all-encompassing”
On March 6, 2025, the Congress party expressed its approval of a recent Supreme Court ruling regarding the Forest (Conservation) Amendment Act, 2023, describing it as a “stinging rebuke” to the Modi government’s ongoing efforts to undermine ecological conservation institutions and regulatory frameworks in India. The Supreme Court’s decision, delivered on March 4, mandated that all states and union territories establish expert committees within a month to compile a comprehensive record of lands, including forest-like areas, unclassed forest lands, and community forest lands.
The bench, comprising Justices B.R. Gavai and Augustine George Masih, emphasized the importance of this exercise, instructing the expert committees to complete their work within six months, as stipulated under Rule 16 (1) of the Van (Sanrakshan Evam Samvardhan) Rules, 2023. This ruling is seen as a significant step towards reinforcing the legal framework surrounding forest conservation in India.
Jairam Ramesh, Congress’s general secretary in charge of communications, articulated the party’s stance on the Forest (Conservation) Amendment Act, 2023, labeling it as one of the most draconian laws introduced by the Union government. He highlighted that the Congress party has consistently opposed this legislation since its introduction and passage through Parliament.
Ramesh pointed out that the Supreme Court’s ruling effectively upholds a landmark judgment from December 1996 in the case of T.N. Godavarman Thirumulpad versus Union of India, which established that the definition of forests should be interpreted broadly, based on its dictionary meaning.
The Supreme Court’s ruling effectively overturns a particularly detrimental provision introduced by the Modi government’s amendment to the Forest Act in 2023. This provision sought to restrict the definition of ‘forest’ to only those areas that were officially notified as forests or recorded in government documents as forests after October 25, 1980.
Ramesh argued that this amendment would have limited the total forest coverage in India to approximately 7.13 lakh square kilometers, excluding an additional 1.97 lakh square kilometers that would otherwise be classified as forests based on a broader interpretation of the term.
The Supreme Court’s intervention also addressed the failure of various states and union territories to implement the Van (Sanrakshan Evam Samvardhan) Rules, 2023. The court warned that Chief Secretaries of these states would be held personally accountable if they did not establish the required expert committees within the stipulated timeframe and prepare a consolidated record of the relevant lands within the next six months.
Ramesh welcomed this development, viewing it as a necessary corrective to the Modi government’s systematic efforts to weaken ecological conservation institutions.
Despite the positive outcome of the Supreme Court’s ruling, Ramesh cautioned that this intervention only partially addresses the broader issues raised by the Congress party regarding the Forest (Conservation) Amendment Act. He emphasized that much more needs to be done to fully rectify the damage inflicted by the government’s policies.
Ramesh also referenced a statement he made in August 2023, in which he criticized the manner in which the forest bill was “bulldozed” through Parliament, reflecting the Modi government’s mindset and the significant gap between its global environmental commitments and domestic actions concerning forests and tribal rights.
In its March 4 order, the Supreme Court bench reiterated the necessity for state governments and union territories to prepare a consolidated record of lands, including forest-like areas identified by the expert committees, unclassed forest lands, and community forest lands that fall under the purview of the 2023 forest conservation law. The bench noted that completing this exercise, as mandated by Rule 16 (1), would help resolve numerous issues related to forest conservation and management.
In summary, the Congress party’s response to the Supreme Court’s ruling underscores the ongoing tensions between environmental conservation efforts and governmental policies in India. The court’s decision is seen as a crucial step in reinforcing the legal framework for forest conservation, while also highlighting the need for continued vigilance and advocacy to protect India’s ecological heritage.