Environmental Justice in India-The National Green Tribunal

By Rackemann, Michael | Denver Journal of International Law and Policy, Summer 2017 | Go to article overview

Environmental Justice in India-The National Green Tribunal


Rackemann, Michael, Denver Journal of International Law and Policy


Gitanjali Nain Gill, Environmental Justice in India--The National Green Tribunal (1st ed. 2017), Routledge; ISBN: 9781138921108 (hbk); 238 pp. (hardcover).

Since the 1990s, there has been a global explosion in environmental law. It has blossomed in scope, content, reach, status, and significance. An even more recent phenomenon is the creation and proliferation of specialist environmental courts and tribunals (ECTs). This reflects a growing appreciation of the particular nature and character of environmental disputes and the special challenges and opportunities they present to those seeking to achieve efficient, effective, and beneficial dispute resolution.

Although longstanding specialist ECTs can be found in some countries, including Australia, (1) the vast majority of ECTs are of more recent origin. Indeed, most have been created in the last decade. This phenomenon has been the subject of renowned, valuable, and indeed ground-breaking work by Professor George (Rock) Pring and his wife Catherine (Kitty) Pring, who have undertaken comparative studies of ECTs in order to provide guidance for those looking to create or to improve them. (2) Otherwise, however, the academic community is still playing "catch-up" in producing a body of literature about ECTs, particularly when it comes to detailed and robust examinations of particular ECTs.

Against this background, the recent publication of Environmental Justice in India--the National Green Tribunal by Dr. Gill is a welcome and timely development. It offers an in-depth analysis of the National Green Tribunal of India (NGT), a recently formed ECT, with a broad jurisdiction and a reputation for an activist approach. It operates in the challenging context of a populous and rapidly developing emerging economic powerhouse, where the inevitable tensions in balancing ecological, economic, and social considerations in the pursuit of ecological sustainability are profound. This is fertile ground for analysis, discussion, and debate. Dr. Gill has produced a valuable piece of work which responds to the challenges and opportunities of its subject matter.

The book reflects the author's extensive and meticulous field research. Dr. Gill has not contented herself with simply examining what the NGT is and what it does. She has studied the constitution, jurisdiction and processes of the NGT, the composition of its caseload, the nature(s) of the parties before it, the remedies it provides, and the jurisprudence emerging from its published decisions. She has also descended into the processes and procedures of the NGT to discover both the way it goes about its work and why. Her field studies for it include interviews with both legal and technical expert members of the NGT. Delving deeply into her subject in order to obtain an intimate understanding of the history, work, and ethos of the NGT, Dr. Gill conveys that understanding in an informative and engaging way.

It is noteworthy that the work does not commence with the institution of the NGT. Rather, it commences with an overview of the global perspective before tracing the historical background to the creation of the NGT. In the process, Dr. Gill surveys the judicial activism practiced by the Supreme Court [of India] in relation to public interest litigation and environmental protection by which it "has moved from being exclusively an adjudicator to embracing the role of policymaker and, thereafter, superior administrator." This provides valuable context for an understanding of the establishment and operation of the NGT.

Chapter 4 of the book deals with normative principles. It usefully examines principles such as the precautionary principle, the polluter-pays principle, and sustainability. It provides an interesting insight (including by reference to case examples) into the NGT's application of those principles in the particular context of the challenges in India.

The ecological, economic, and social balance at the heart of ecological sustainability is not confined by the boundaries in a particular site, considered in isolation. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Environmental Justice in India-The National Green Tribunal
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.