For the Government to function properly, there is a need to have perfect harmonization of its organs. In India, we follow the Democratic form of Government due to which there are three organs of the Government assigned to perform their assigned functions. The Legislature makes the Law, the executive implements the law and the work of the judiciary is to adjudicate on matters to provide justice. Any area falling under the purview of governance shall have the backing of all the three organs otherwise there will be an imbalance resulting in the failure to achieve the expected outcome. The area of environmental law is one such important area and the Indian Legislature has been very supportive to the cause of environment protection. However, it is seen that there is gross disregard to the environmental legislations and violations of environmental rights of people. Due to this there have been a plethora of judgments not only under various environmental laws but also under the writ jurisdiction in higher judiciary. This means that prima facie the Legislature and Judiciary are functioning properly in the area of protection of environment. This keeps only one organ remaining – the executive. To attempt to find out the functioning of the executive organ, the law from where its power emanates needs to be ascertained.
2016-17-Vol2-Issue1-_14
