Information Type: Judicial Information
Date of Judgment(s): 0000-00-00
Subject: Environment Law
Title of Speech: The Role of the Judiciary in Environmental Protection
Speaker: Honorable Mr. K.G. Balakrishnan
Event where speech delivered: High Court of Chattisgarh, Bilaspur
Speech Date: 2010-03-20
Statutes Applied: Environment Protection Act, 1986
Case Note / Description :

There have also been some theoretical criticisms of the growing environmental jurisprudence in our country. Many commentators have argued that frequent judicial interventions in this area have reduced the incentive for executive agencies to improve their functioning. It has also been urged that there seems to be a certain clique of individuals who have come to specialise in filing frivolous PILs. It is further alleged that the decisions given in these cases depend too much on the personal sensibilities of the judges who hear them and hence result in a lack of consistency in the long-run. Furthermore, the frequent reliance on writ jurisdiction reduces the importance of ordinary remedies such as those of filing ‘representative suits’ (under the Code of Civil Procedure) and claiming damages for torts such as ‘public nuisance.

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