Open AccessLaw Of Environment In India: Problems And Challenges In Its Enforcement
Author(s) -
Ashish Verma
Publication year - 2021
Publication title -
research ambition : an international multidisciplinary e-journal
Language(s) - English
Resource type - Journals
ISSN - 2456-0146
DOI - 10.53724/ambition/v6n2.04
Subject(s) - constitution of india , enforcement , mandate , duty , government (linguistics) , corporation , constitution , law , business , duty to protect , sustainable development , political science , philosophy , linguistics
There is no deficiency of available legislations on environmental protection in India but enforcement of these legislations has been far from satisfactory. There is urgent need for the effective, successful and well–organized enforcement of the Constitutional mandate and other environmental legislations or laws in India. The creative and innovative role of India Judiciary and National Green Tribunal [NGT] has been significant and laudable in this era. Pursuant to the provisions contained in Articles 48–A and 51–A[h] of the Indian Constitution, various Public Interest Litigations have been instituted in the Supreme Court against several industries for failing to provide sufficient pollution control and also against Pollution Control Boards to direct them to take proper measures to ensure pollution control in Indian perspective. For the purpose of effective, successful and well–organized enforcement of these legislations, it is required to set up an Adjucatory Body in each State in India, which should consist of legal as well as technical experts. Caring for regulating and protecting the environment is essentially a desire to see that national development should proceed along the rational sustainable laws. Protection of the environment and keeping ecological balance in Indian scenario unaffected is a task which not only the Government but also every individual, association, society, industry and corporation must undertake. It is a social compulsion and fundamental duty enshrined in Article 51–A[g] of the Indian Constitution.