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Report No. 186

Proposal to Constitute Environment Courts

Contents
Chapter I Introductory
Proposal to Constitute Environment Courts
In this context, several important questions arise for consideration
Chapter II Uncertainty of Science and Problems of Environmental Courts
Uncertainty of Science and Problems of Environmental Courts
The reason for scientific inaccuracies can be summarized as follows
Chapter III The Constitutional Mandate and Survey of Supreme Court's Judgments on Environmental Issues
The Constitutional Mandate and Survey of Supreme Court's Judgments on Environmental Issues
Constitutional provisions
Judgments of the Supreme Court
The Supreme Court then referred to the Stockholm Declaration of 1972
The Supreme Court observed
The Court further observed
Summary
Chapter IV Environmental Courts in other Countries
Environmental Courts in other Countries
Australia
Section 12 further states as follows
Section 23 refers to 'making of orders' and reads as follows
New Zealand
The Environment Court's work includes
United Kingdom
As to the jurisdiction and powers of the Environmental Courts, the Royal Commission stated
Canada, Europe and USA
Chapter V Environmental Courts or Appellate Environment Bodies in India as at Present
General jurisdiction of various civil, criminal and constitutional Courts
Special Acts and appellate powers
Water (P&CP) Act, 1974 and Rules made thereunder
Summary of the appeal provisions in the above Acts and Rules
Chapter VI Two other statutory Environmental Tribunals and Defects therein
National Environment Tribunal Act, 1995
The National Environmental Appellate Authority Act, 1997
Chapter VII Can a law made by Parliament under Article 252 (like the Water (P&CP) Act, 1974), be amended by Parliament under a law made under Article 253?
What is the purpose of Article 247?
Entry 13 of List I of Schedule VII reads as follow
Two proposals can be considered here
Article 253 and special law for Environment Courts
Article 247 reads as follows
Right of Appeal to Supreme Court
Chapter VIII Environmental Courts to follow certain fundamental principles
Polluter Pays Principle
National laws in Belgium, France, Germany have adverted to this principle
Hazardous substance
Precautionary Principle
The Principle of Prevention
Principle of New Burden of Proof
Sustainable Development
Everyone has the righ
Public trust doctrine
Inter-generational equity
Chapter IX Proposals for Environmental Courts in India
Proposals for Environmental Courts in India
Appellate Jurisdiction
Original Jurisdiction
Jurisdiction of ordinary Civil Court and conflict of decisions
Rules of evidence and Conciliation/Mediation
Environmental Principles to be applied
Repeal of the National Environmental Tribunal Act, 1995 and the National Environment Appellate Tribunal Act, 1997
Power to frame schemes and monitor them
Execution of orders and contempt procedure
Power to mould appropriate relief
Locus standi and Amicus curiae
Qualification of Judicial Members
Qualification of Commissioners
Criminal and judicial review jurisdiction kept out
Appeal to Supreme Court
Method of appointment and other matters
Appeals to Supreme Court will persuade High Court not to interfere normally on the principle of 'alternative effective remedy'
Chapter X Recommendations
On the basis of our discussion in previous chapters, we recommend the following, namely


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