Abstract :

India’s Environmental Legislation Has Undergone Profound Transformation Since The Early 1970s, Shaped By Global Environmental Consciousness, International Treaty Obligations, Landmark Judicial Interventions, And Evolving Constitutional Mandates. From The Enactment Of The Water (Prevention And Control Of Pollution) Act, 1974, To The Comprehensive Environment (Protection) Act, 1986, The Country Has Attempted To Construct An Integrated Regulatory Architecture To Combat Pollution, Conserve Biodiversity, Regulate Industrial Activity, And Promote Sustainable Development. These Legislations, Supported By The Forest (Conservation) Act, 1980, The Air (Prevention And Control Of Pollution) Act, 1981, And Subsequent Rules On Hazardous Waste, Environmental Impact Assessment (EIA), And Biological Diversity, Collectively Form The Backbone Of India’s Environmental Governance Framework. Despite Their Breadth And Theoretical Robustness, The Effectiveness Of These Laws Has Been Constrained By Persistent Implementation Deficits. Weak Institutional Capacity, Chronic Understaffing In Pollution Control Boards, Inadequate Financial Resources, And Overlapping Jurisdictions Between Central And State Authorities Frequently Impede Enforcement. Moreover, Political Pressures, Industrial Lobbying, And Bureaucratic Inertia Dilute Regulatory Powers And Slow Down Compliance Mechanisms. The Judiciary— Particularly Through Public Interest Litigations (PILs) And The Activism Of The National Green Tribunal (NGT)—has Played A Pivotal Role In Filling Legislative And Administrative Gaps, Yet Judicial Interventions Alone Cannot Substitute A Strong Regulatory Machinery. This Article Critically Evaluates Major National Environmental Statutes, Examining Their Historical Evolution, Structural Design, Statutory Strengths, And Practical Limitations. It Also Identifies Prevailing Governance Challenges, Including Inadequate Monitoring Infrastructure, Ineffective Prosecution Of Polluters, Inconsistent Implementation Across States, And Limited Community Participation. The Study Argues That While India’s Environmental Laws Are Comprehensive On Paper, Their Real-world Impact Remains Restricted Without Stronger Institutions, Technological Integration, Transparent Regulatory Processes, And Enhanced Accountability Mechanisms. The Findings Underscore The Urgent Need For Systemic Reforms To Bridge The Gap Between Law And Practice, Ensuring That Environmental Legislation Fulfills Its Intended Role In Safeguarding India’s Ecological Future.

Published:

22-11-2025

Issue:

Vol. 25 No. 11 (2025)

Page Nos:

186-196

Section:

Articles

License:

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

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