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Delhi Pollution Case: The Supreme Court of India and the Limits of Judicial Power
Armin Rosencranz and Michael Jackson

In this article the authors explore the different perspectives from which the case must be considered to understand its complexities. Part II provides a background on environmental law in India as it has evolved through public interest litigation, and as it pertains specifically to air pollution. Part III gives the history of the case, including the struggle between the Supreme Court and the agencies responsible for enforcing the Court’s orders. Part IV examines the economic and logistical considerations associated with converting buses to CNG. Part V highlights the superiority of CNG over diesel buses in minimizing environmental degradation and benefitting human health. Part VI
analyzes the impacts of the Court’s decision on environmental management in India as a whole, highlighting the weaknesses of a court order to bring about such major reforms in the transportation sector. We conclude that by usurping the authority of enforcement agencies designed to handle the air pollution problem, the Court’s ruling to convert the city’s buses to CNG may actually become an impediment to the growth of environmental protection in India.


The Delhi Pollution Case: The Supreme Court of India and the Limits of Judicial PowerThe Delhi Pollution Case: The Supreme Court of India and the Limits of Judicial Power
[.pdf, 106.3Kb]

Delhi, Supreme Court of India, Judicial Power, Pollution
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