Skip to main content Accessibility help
×
Hostname: page-component-7c8c6479df-24hb2 Total loading time: 0 Render date: 2024-03-28T17:49:09.771Z Has data issue: false hasContentIssue false

7 - India

from Asia and Pacific

Published online by Cambridge University Press:  05 June 2012

Lavanya Rajamani
Affiliation:
Professor at the Centre for Policy Research, New Delhi
Shibani Ghosh
Affiliation:
Research Associate at the Centre for Policy Research, New Delhi
Richard Lord
Affiliation:
Brick Court Chambers
Silke Goldberg
Affiliation:
Herbert Smith LLP
Lavanya Rajamani
Affiliation:
Centre for Policy Research, New Delhi
Jutta Brunnée
Affiliation:
University of Toronto
Get access

Summary

Legal system

7.01India is a parliamentary democracy governed by a lengthy written constitution widely perceived to be a ‘living instrument’, having been amended over a hundred times since its adoption in 1950. India has, in part, a common law legal system, a legacy of its colonial past. The principal sources of law are: (i) legislation, including statutes passed by the Parliament and state legislatures, and subordinate legislation such as rules, notifications and orders passed under the statutes; and (ii) common law to be found in decided cases developed by courts through a reliance on precedent. Much of the law of tort and administrative law is common law based.

7.02The Indian judicial system consists of a Supreme Court that sits in Delhi, and has original, appellate and advisory jurisdiction, and twenty-one High Courts spread across the territory of India. In addition, there are several specialised tribunals including the recently constituted National Green Tribunal. The law declared by the Supreme Court is binding on all courts within the territory of India.

Type
Chapter
Information
Climate Change Liability
Transnational Law and Practice
, pp. 139 - 177
Publisher: Cambridge University Press
Print publication year: 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Rajamani, L.India and Climate Change: What India Wants, Needs and Needs to DoIndia Review 8(3) 2009 340Google Scholar
Sharma, SubhodhBhattacharya, SumonaGarg, AmitGreenhouse Gas Emissions from India: A PerspectiveCurrent Science 90 2006 326Google Scholar
Tongia, R.Saquib, M.Ramakrishna, H. S.Indian Power Supply Position 2010Bangalore 2010 www.cstep.in/node/213
Mcinerney-Lankford, S.Darrow, M.Rajamani, L.Human Rights and Climate Change: A Review of the International Legal DimensionsWorld Bank 2011
Humphreys, StephenClimate Change and Human Rights: A Rough GuideThe International Council on Human Rights Policy 2008
Bals, C.Harmeling, S.Windfuhr, M.Climate Change, Food Security and the Right to Adequate FoodBonnGermanwatch e.V. 2008
2008
2008
Anderson, Michael R.Human Rights Approaches to Environmental ProtectionOxford University Press 1996
Rajamani, L.Sengupta, A.Oxford Companion to Politics in IndiaOxford University Press 2010
Rajamani, L.Public Interest Environmental Litigation in India: Exploring Issues of Access, Participation, Equity, Effectiveness and SustainabilityJournal of Environmental Law 19 2007 293Google Scholar
Dutta, R.Yadav, B.Supreme Court on Forest ConservationDelhiUniversal Law Publishing 2011
Singh, G. P.Aradhe, A.M. P. Jain & S. N. Jain: Principles of Administrative LawLexisNexis Butterworths Wadhwa Nagpur 2010
Jain, M. P.M. P. Jain & S. N. Jain: Principles of Administrative LawLexisNexis Butterworths Wadhwa Nagpur 2007
Massey, I. P.Administrative LawLucknowEastern Book Company 2008
Singh, G. P.Ratanlal & Dhirajlal: The Law of TortsLexisNexis Butterworths Wadhwa Nagpur 2010
UNESCO 2007
UNESCO 2007

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×