Constitutional Challenges in Implementing Environmental Policies in India

  • Pranjal Srivastav
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  • Pranjal Srivastav

    Student at University of Lucknow, India

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Abstract

India's fast economic development and diverse ecological landscape pose many challenges in implementing environmental regulations despite having a robust constitutional framework. The article aims to briefly delve into the constitutional challenges against effective environmental policy execution. Infrastructure expansion poses challenges and raises crucial questions about prioritizing growth over environmental sustainability. The directive principles are visionary but non-enforceable which further complicates the situation. The federal structure of India adds another layer of complexity. Environmental matters are shared by the union and the state governments. This leads to jurisdictional overlaps. Other problems include political interference, weak enforcement mechanisms and limited resources. Judicial activism plays an important role with many landmark cases shaping environmental jurisprudence. The courts have proven to be an effective redressal forum in dealing with issues related to environmental protection, particularly in the context of human dignity and right to life. To address the challenges, a multifaceted approach is necessary. Steps like streamlining regulatory responsibilities, eliminating political intervention and enhancing public participation are pivotal in encouraging a balance between ecological sustainability and rapid industrial development.

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International Journal of Law Management and Humanities, Volume 7, Issue 5, Page 352 - 357

DOI: https://doij.org/10.10000/IJLMH.118261

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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