The judicial scrutiny of environmental risk and the legislative scheme of the Water Act A Comment

John, Mathew (2017) The judicial scrutiny of environmental risk and the legislative scheme of the Water Act A Comment. Socio- Legal Review, 13 (1). pp. 70-86. ISSN 0973-5216

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This paper outlines the central role of risk management in the regulatory toolkit administering Indian environmental law. In particular, it examines the operationalization of risk manage ment in the functioning of Water Act through the management of pollution standards, especially the extent to which standards management has informed adjudication by the higher judiciary and the National Green Tribunal. This examination of adjudi cation the cases is typed into cases that strictly deal with stand ards management, cases that deal with procedural objections to regulatory interventions to manage standards and public interest litigation cases. Though the overall number of cases are small, strict standards management cases constitute about a third of the overall number of cases arising out of the stand ards management provisions of the statute. Drawing on this dis tribution of cases the paper comments on the nature and limits of standards management as the framework of managing risk in the Water Act. Accordingly, this paper is also an introduc tory comment on the kind of enquiry that will make salient the framework of risk management that organizes the regulatory framework of the Water Act in particular and Indian environ ment law in general.

Item Type: Article
Keywords: Environmental Law | India
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 11 May 2022 05:45
Last Modified: 11 May 2022 05:45


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