Supreme Court refuses to stay proceedings against Nicobar project

Environment & Biodiversity · 6 October 2026 · Based on The Hindu (original report)

2-minute summary

The Supreme Court of India has declined a Union government plea to stay proceedings in the Calcutta High Court regarding the ₹72,000 crore Great Nicobar Island Project. The petitions, filed by former Union Environment Secretary Meena Gupta and supported by local tribal councils, challenge the project on the grounds that diverting over 130 sq. km of pristine tropical forest violates the Forest Rights Act (FRA), 2006. Critics argue the project severely threatens the fragile ecosystem and the survival of the indigenous Shompen (a Particularly Vulnerable Tribal Group) and Nicobarese tribes. The Supreme Court, led by Chief Justice Surya Kant, emphasized that the "preservation of culture is a constitutionally protected fundamental right" under Article 29. While the Centre argued the project is of immense strategic and national security value, the Court ruled that the High Court must decide the constitutional and ecological issues without delay, distinguishing between state security and commercial interests.

Why it's in the news

In October 2026, the Supreme Court refused to stay Calcutta High Court proceedings challenging the Great Nicobar Island Project, asserting that the preservation of tribal culture is a constitutionally protected fundamental right.

Facts to remember

The Great Nicobar Island Project is a mega-infrastructure initiative valued at over ₹72,000 crore.
The project involves the diversion of over 130 sq. km of pristine tropical forest in the Great Nicobar Island.
The Shompen tribe of Great Nicobar is officially classified as a Particularly Vulnerable Tribal Group (PVTG).
The Calcutta High Court has judicial jurisdiction over the Union Territory of Andaman and Nicobar Islands.
The Forest Rights Act (Scheduled Tribes and Other Traditional Forest Dwellers Act) was enacted in 2006.

Background and context

The Great Nicobar Island (GNI) Project is a holistic development plan spearheaded by NITI Aayog and implemented by the Andaman and Nicobar Islands Integrated Development Corporation (ANIIDCO). It comprises an International Container Transshipment Terminal (ICTT), a military-civil dual-use airport, a gas and solar-based power plant, and a greenfield township. Located close to the Malacca Strait, the project is considered of immense strategic value for India's maritime security and trade dominance in the Indian Ocean Region. However, the project has faced intense opposition from environmentalists and tribal rights groups. The diversion of massive forest tracts threatens the ancestral lands of the Shompen and Nicobarese tribes, as well as critical habitats of endemic species. Although the National Green Tribunal (NGT) cleared the project subject to conditions, the Calcutta High Court is now examining whether the project violates the Forest Rights Act, 2006, by failing to obtain the free, prior, and informed consent of local tribal councils.

Constitutional provisions

Article 29 — Guarantees any section of citizens residing in India having a distinct language, script, or culture the right to conserve the same, which the Supreme Court cited as a fundamental right protecting tribal ways of life.
Article 21 — The right to life and personal liberty, which the judiciary has historically interpreted to include a clean environment and the right to livelihood for indigenous communities.

Committees and reports

High Powered Committee (HPC) on Great Nicobar Project — Constituted by the National Green Tribunal (NGT) to re-examine specific ecological impacts and oversee environmental clearance conditions.

Government schemes

PM-JANMAN (Pradhan Mantri Janjati Adivasi Nyaya Maha Abhiyan) — A central scheme aimed at improving the socio-economic conditions of Particularly Vulnerable Tribal Groups (PVTGs), including the Shompen.

International organisations

UNESCO Man and the Biosphere (MAB) Programme — Great Nicobar was designated as a UNESCO Biosphere Reserve in 2013, highlighting its global ecological significance.

Previous UPSC questions on this theme

Prelims GS-1 2026 — In a multi-ethnic district where both economic competition and historical grievances frequently led to community tensions, a flashpoint has arisen with a Government decision to allocate land for a waste management facility near a tribal hamlet, sparking protests by the tribal community, which claimed that the land was sacred and critical to their cultural identity. At the same time, urban residents and local industries supported the project, citing severe solid waste challenges and health concerns due to lack of a proper disposal site. The conflict has escalated with road blockades, social media campaigns, and allegations of police excesses. As a responsible Government official, you are tasked with resolving the situation through mediation, ensuring a sustainable outcome that balances environmental needs, tribal rights, and urban public health. Consider the following statements with reference to the above : 1. A successful conflict resolution process must begin with acknowledging the cultural concerns of the protesting tribal community before discussing technical alternatives. 2. The Government should move ahead with the project without delay to address urban health concerns, which outweigh the sentiments of a small group. 3. Creating a multi-stakeholder dialogue platform — including tribal leaders, environmental experts, and municipal representatives — to build mutual understanding and help de-escalate tensions. 4. Conducting an independent Environmental and Social Impact Assessment (ESIA) and sharing findings transparently with both sides to facilitate evidence-based decision-making. Which of the statements given above would contribute to the resolution process ? (a) 1, 3 and 4 only (b) 2, 3 and 4 only (c) 1 and 2 only (d) 1, 2, 3 and 4

Mains practice: The Great Nicobar Island project highlights the classic developmental dilemma between strategic maritime security and ecological-cultural preservation. Analyze this statement in light of the constitutional protections guaranteed to Particularly Vulnerable Tribal Groups (PVTGs) in India.

The ₹72,000 crore Great Nicobar Island (GNI) Project, featuring a strategic transshipment port, has triggered intense debate. While vital for India's maritime security in the Indian Ocean, it threatens the fragile ecosystem and the survival of the Shompen, a Particularly Vulnerable Tribal Group (PVTG), highlighting the conflict between national development and constitutional tribal protections.

• **Strategic and Economic Imperatives**: The project is located near the Malacca Strait, a critical global choke point. It aims to position India as a major player in cargo transshipment, countering regional geopolitical challenges.

• **Constitutional and Legal Violations**: The diversion of 130 sq. km of pristine forest allegedly bypasses the Forest Rights Act (FRA), 2006, which mandates the consent of local tribal gram sabhas. Under Article 29 of the Constitution, the preservation of a distinct tribal culture is a fundamental right, as recently reiterated by the Supreme Court in October 2026.

• **Ecological and Existential Threats to PVTGs**: The Shompen are a hunter-gatherer PVTG with less than 500 members. Large-scale influx of population and infrastructure threatens their isolation, food security, and immunological safety. Additionally, the area is a UNESCO Biosphere Reserve (designated in 2013), home to endemic species like the Nicobar Megapode.

• **Judicial and Institutional Oversight**: While the National Green Tribunal (NGT) cleared the project subject to a High-Powered Committee (HPC) review, the Calcutta High Court is examining the constitutional validity of the forest clearance, emphasizing that state security must be distinguished from commercial interests.

**Way Forward**:

• Implement strict "no-go" buffer zones around Shompen ancestral territories to prevent contact.

• Conduct a transparent, independent Social Impact Assessment (SIA) involving anthropological experts.

• Ensure compliance with the FRA, 2006, by obtaining genuine consent from the tribal councils.

Balancing strategic growth with tribal preservation is essential to uphold the constitutional promise of inclusive justice under Article 21, ensuring that national progress does not come at the cost of cultural extinction.

Prelims practice questions

Q1. With reference to the Shompen tribe and Great Nicobar Island, consider the following statements: 1. The Shompen tribe is classified as a Scheduled Tribe but is not categorized as a Particularly Vulnerable Tribal Group (PVTG). 2. The Great Nicobar Island was declared a UNESCO World Heritage Site in 2013. 3. The Forest Rights Act, 2006, is administratively implemented by the Ministry of Environment, Forest and Climate Change. How many of the above statements are correct?

Only one
Only two
All three
None

Answer: D. Statement 1 is incorrect: The Shompen are classified as a Particularly Vulnerable Tribal Group (PVTG). Statement 2 is incorrect: Great Nicobar is a UNESCO Biosphere Reserve, not a World Heritage Site. Statement 3 is incorrect: The Forest Rights Act, 2006, is implemented by the Ministry of Tribal Affairs, not the MoEFCC.

Q2. With reference to the constitutional and legal protections for tribes in India, consider the following statements: 1. The Supreme Court has recognized the preservation of tribal culture as a constitutionally protected fundamental right under Article 29. 2. The Forest Rights Act, 2006, requires the free, prior, and informed consent of the Gram Sabha before forest land can be diverted for non-forest purposes. 3. The Union Territory of Andaman and Nicobar Islands is governed under the provisions of the Fifth Schedule of the Indian Constitution. Which of the statements given above are correct?

1 and 2 only
2 and 3 only
1 and 3 only
1, 2 and 3

Answer: A. Statement 1 is correct: The Supreme Court in October 2026 reiterated that cultural preservation is a fundamental right under Article 29. Statement 2 is correct: The FRA 2006 mandates Gram Sabha consent for forest diversion. Statement 3 is incorrect: The Fifth Schedule applies to ten states in mainland India; Andaman and Nicobar Islands are administered directly by the President under Article 240.

Q3. Which of the following national parks is located on the Great Nicobar Island?

Saddle Peak National Park
Mahatma Gandhi Marine Park
Campbell Bay National Park
Mount Harriet National Park

Answer: C. Campbell Bay National Park and Galathea National Park are located on Great Nicobar Island. Saddle Peak is in North Andaman, Mount Harriet (Mount Manipur) is in South Andaman, and Mahatma Gandhi Marine National Park is in Wandoor, South Andaman.

Revision flashcards

Which Union Ministry is the nodal agency for the implementation of the Forest Rights Act (FRA), 2006? The Ministry of Tribal Affairs.
What is the official tribal classification status of the Shompen tribe of the Great Nicobar Island? Particularly Vulnerable Tribal Group (PVTG).
In October 2026, which High Court's proceedings on the Great Nicobar Island Project did the Supreme Court refuse to stay? The Calcutta High Court, which has jurisdiction over the Andaman and Nicobar Islands.
What is the estimated financial outlay of the Great Nicobar Island Project as stated in the Supreme Court proceedings of October 2026? Over ₹72,000 crore.
Why does the Great Nicobar Island Project face severe opposition from tribal rights groups under the Forest Rights Act, 2006? Because it diverts over 130 sq. km of forest land without obtaining the free, prior, and informed consent of the local tribal Gram Sabhas.