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

Introduction
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.