Intergenerational Equity And The Jurisdictional Limits Of India's National Green Tribunal
Niharika GurejaOct 15, 202610.5281/zenodo.23401788pp. 573–58513 pages
Future generations' interests must be considered in environmental decision making if intergenerational equity is to be considered. However, the usefulness of it is contingent on the impact it has on remedies, the boundaries of adjudicatory power and environmental directions, and the implementation of environmental directions. The first is about the prevention of harm, the second is about the restoration and the compensation for harm and the third is about the scope of the Tribunal's statutory powers. These are categories, not doctrines that are mutually exclusive. As facts emerge one dispute may jump from one to the other. The paper's argument is that no one of the three can be evaluated without causal responsibility and post order compliance and evidence. The paper relies on doctrinal analysis of NGT Act, the provisions of the Constitution, some Supreme Court and NGT decisions and some international instruments. It also takes into account official statistics regarding environmental compensation funds, and recognizes that the total amount of funds does not mean that the money was raised and/or used specifically for intergenerational equity.