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