Abstract
Sustainable development is increasingly promulgated in international and national legal contexts, but there is a long way to go in terms of implementation. The role of the judiciary is thus of the greatest importance. The judiciary, at a national level, is faced with the task of explicating the law of sustainable development, case by case. Incrementally a body of environmental jurisprudence is emerging. In performing this task, national judiciaries will be assisted by the exchange of judicial decisions, information and experience between jurisdictions. In this way, national judiciaries may benefit from each other’s knowledge, experience and expertise. The purpose of this article is to contribute to this information-sharing goal. The author's argument is that, prerequisites for establishing special environmental court in India are not available, and a full review for the Indian environmental legislations and judicial structure is needed before deciding the issue of establishing special environmental court.
Highlights
Sustainable development is increasingly promulgated in international and national legal contexts, but there is a long way to go in terms of implementation
There are a lot of examples such as-Kautilya, the Prime Minister of Magadha, during the regime of Chandra Gupta Maurya, 300 B.C. in his ‘Arthshastra’ exhaustible dealt with the question of environment protection
We find the preaching of compassion towards nature in all religions
Summary
The debate over the issue of establishing special environmental court in India is getting more serious. Advocates for the environmental courts establish their case on the following legal shortcomings associated with the current situation: Access to environmental justice is not sufficient and sometimes not exists at all because the traditional rules of civil or criminal litigations prevent interests groups or NGOs from bringing an action against polluters when their activities caused ecological damage per se.Under the Indian Civil Procedures Act, the admissibility of a civil action is to be considered according to certain requirements
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