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Enforcement of the Right to Environment Protection through Public Interest Litigation in India

The growing threats to our environment through developmental activities has created an unprecedented crisis. It has resulted in hazards for decent and healthy environment which is so crucial for human existence. The world has come a long way since the first historic effort to diagnose the global environment took place at the UN Conference on HumanEnvironment (Stockholm, 1972). The journey from the Stockholm Conference to the Earth Summit at Rio de Janeiro has led to the recognition that all human beings are entitled to a healthy and productive life in harmony with nature.

Bangalore Principles of Judicial Conduct

Bangalore Principles of Judicial Conduct

Constitution of India

The constitution of India draws extensively from Western legal traditions in its outline of the principles of liberal democracy. It follows a British parliamentary pattern with a lower and upper house. It embodies some Fundamental Rights which are similar to the Bill of Rights declared by the United States constitution. It also borrows the concept of a Supreme Court from the US.

National Green Tribunal Act, 2010

This Act provides for the establishment of a tribunal to be known as the National Green Tribunal to exercise the jurisdiction, powers and authority conferred on it by or under this Act.

Electricity Act, 2007

This Act amends the Electricity Act, 2003. Amendments shall include: substitution of section 6 with a new section on the joint responsibility of the State Government and Central Governments to provide electricity to rural areas; insertion of a new provision in section 9 sub-section (2) dealing with captive generating plants; minor word changes to sections 38-40, 42 and 43; substitution of section 50 with a new section on the electricity supply code; substitution of clause (g) in section 61 on tariffs; substitution of sub-sections (3) and (5) of section 126 on inspection matters; minor word changes to section 127; substitution of sub-section (1) of section 135 with new sub-sections dealing with the theft of electricity; insertion of a new sub-section after sub-section (2) of section 150, insertion of new provisions in section 151 and insertion of new sections after section 151 on offences; and minor word changes to sections 153,154, 176, 178 and 181.

Biological Diversity Act, 2003

This Act implements principles and relevant provisions of the Convention on Biological Diversity. The purpose of this Act is to protect the biodiversity of India, endorsing research projects and recognising intellectual property of arising results. It appoints a National Biodiversity Authority, Central and State Biodiversity Committees, providing them with special funds and a separate budget in order to carry put any research project dealing with the biological natural resources of the country. It shall supervise any use of biological resources and the sustainable use of them, it shall take control over the financial investments and their return and dispose of those capitals as correct.

Disaster Management Act, 2005

This Act lays down institutional and coordination mechanisms for effective disaster management at the national, state, and district levels. The Act provides for the establishment of the National Disaster Management Authority, and of the National Executive Committee as an advisory committee to assist the National Authority. The National Authority shall set out and approve policies, plans and guidelines for disaster management prepared by various departments of the Government of India to ensure timely and effective response to disasters.

Protection of Plant Varieties and Farmers' Rights Act, 2001

These Regulations stipulate duties and jurisdiction of the registrar, give criteria and detailed guidelines for registration of plant varieties and essentially derived varieties, mechanisms of seed deposit, and also provide sample authorization and application forms.

Environmental Protection Rules, 1986

Standards for emission or discharge of environmental pollutants shall be as specified in Schedules I to IV. The central government may prohibit or restrict the establishment of industries or the carrying out of specific processes or operations based on factors specified in Rule 5. Furthermore, the Rules provide for the taking and analysis of samples, the restriction or prohibition to handle hazardous substances in different areas, and the submission of an environmental report. The Rules consist of 14 Rules and 6 Schedules.

National Environment Appellate Authority Act, 1997

Section 11 defines jurisdiction and powers of the Authority established by the central Government. The Authority shall hear appeals from persons aggrieved by an order granting environmental clearance in the areas in which industries, operations and processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards. The same section also defines "person". Other provision concern organization of the Authority and procedural matters. (23 sections)