Abstract
Access to environmental justice is the first step to the achievement of environmental justice goals by articulating in the language of equity the assurance of legal standing for all affected and interested parties; the right of appeal or review; specialised environmental courts and other practical dispute resolution mechanisms. In this context, India's commitment to the newly formed National Green Tribunal (NGT) assumes a significant practical importance. In seeking a balanced judicial forum to advance green jurisprudence, the NGT is a ‘fast track’ court having wide powers, staffed by judges and environmental scientific experts. Section 20 of the National Green Tribunal Act 2010 mandates the application of the principles underpinning international environmental law, namely, sustainable development, precautionary and ‘polluter pays’ principles. This article addresses the application of these principles in the Indian context, thereby recognising its international commitments concerning environmental protection.
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