EFFECTIVE IMPLEMENTATION OF ENVIRONMENTAL LEGISLATIONSIN INDIA: THE NEED OF THIS HOUR

INTRODUCTION
India is said to be a one of the countries in the world having the most environmental legislations.
However, when the question of its implementations comes into picture, there is a different scenario
altogether. With various issues ranging from population, illiteracy, bureaucracy, insufficiency of
qualified officials, corruption, unavailability of funds, industrial development to the most recent change
in political leadership of the country, all are partially responsible for the ineffective implementation of
the environmental legislations.
CONSTITUTIONAL PROVISIONS
The Constitution of India is the basic law of the land and all the laws applicable in India should
pass the test of Constitutionalism. Indian Constitution fortunately is one of the few Constitutions in
the world which contains the provisions of environment protection incorporated in it. The preamble
of our Constitution provides that the country follows ‘Socialistic’ pattern which means that the state
gives more importance to social issues than individual interest. As Environment protection is a social
issue it can be dealt with by the State. The Parliament of India is empowered to pass legislations for
implementing any treaty, agreement or convention with any other country or any decision made in
any International conference or association or body. The 42nd Constitutional Amendment has been
the most significant one in respect of Environmental Law as for the first time the not only the State
but also the citizens have been imposed of certain duties in relation to environment protection. The
42nd Amendment of the Constitution1 added a new part IV-A in the Constitution which consists of ten
fundamental duties, out of which Article 51-A (g)2 and Article 51-A (j)3 are pertinent to environment
protection.