The question (15 marks)
Explain the precautionary principle and the polluter pays principle as they have been formulated for Indian law. How does the burden of proof shift, when does it not shift, and by what reasoning did these principles become part of the law of India? (15 marks)
MU Module II, the principles of environmental law; pack ch. 05 with ch. 03, and case briefs 07, 08 and 09.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · International Perspectives and Principles of Environmental Laws.
Authorities you will need
- Vellore Citizens Welfare Forum v Union of India
- Indian Council for Enviro-Legal Action v Union of India, the Bichhri case
- Narmada Bachao Andolan v Union of India
- A.P. Pollution Control Board v Prof. M.V. Nayudu
- S. Jagannath v Union of India, the shrimp culture case
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.