Supreme Court refuses to stay Calcutta HC order in Great Nicobar Island Project; terms ‘preservation of culture’ a fundamental right
The Supreme Court of India has refused to stay Calcutta High Court proceedings regarding the Great Nicobar Island Project. The court emphasized that the preservation of indigenous culture and ecology is a constitutionally protected fundamental right.
Why it matters
The ruling highlights the ongoing tension between large-scale national infrastructure development and the protection of fragile ecosystems and tribal rights.
Saying “preservation of culture is a constitutionally protected fundamental right”, the Supreme Court on Monday (October 5, 2026) did not agree with a Union government plea to stay Calcutta High Court proceedings in a petition filed by former Union Environment Secretary Meena Gupta challenging the Great Nicobar Island Project as a threat to the area’s fragile ecosystem and Forest Rights Act, 2006.
A three-judge Bench headed by Chief Justice of India Surya Kant instead urged the Calcutta High Court to hear the case and decide the issues without delay.
Appearing for the Centre, Attorney General R. Venkataramani and Additional Solicitor General Aishwarya Bhati said the project worth over ₹ 72,000 crore involving a container terminal was of “immense” national importance and strategic value.
Mr. Venkataramani said there was “ no loss of habitation” for the indigenous tribal population like that of the endangered Shompen tribe of the Great Nicobar Island.
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