With conflicts relating to natural resources increasing rapidly, regulatory processes governing these resources and associated conflicts are coming under greater public and judicial scrutiny. Writing on Indian environmental law and jurisprudence, however, has not kept apace. The literature is lacking in incisive contemporary work that analyses the development of the law and its impact on environmental regulation in the country.
In view of this, the Centre for Policy Research (CPR) commissioned five long-form academic papers on various principles and rules of Indian environmental law to form an Analytical Lexicon of Principles and Rules of Indian Environmental Law. The project was funded by the Indian Council of Social Science Research (ICSSR).
Four papers were commissioned on the four principles of Indian environmental law that are most commonly cited in environmental cases: the principle of sustainable development, the precautionary principle, the polluter pays principle, and the public trust doctrine. Each of these principles was initially introduced by the Supreme Court of India in a unique moment of Indian environmental jurisprudence, and each has developed differently over the years. The fifth paper was on the implementation of orders in environmental cases and the factors that influence the nature and extent of the implementation.
Revised versions of some of the papers included in the Analytical Lexicon, along with other papers, have been put together as a volume on key principles and concepts of Indian environmental law. The manuscript is in the process of publication.