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Research Paper Volume 9 Issue 3 205 - 238 May 18, 2026

Environmental Activism to Judicial Restraint: A Critical Analysis of Indian Judicial Process in the context of Forest Conservation

Lead author · Corresponding
Nitin Chandra
LL.M. Candidate at IILM University, Greater Noida, Uttar Pradesh, India
Abstract

This research paper is an attempt to study the effect of judicial process on India's environmental jurisprudence, especially in the context of forest conservation. The purpose of this paper is to understand how Indian judiciary used to have an activist approach in the late 20th century, but in today's era, it has moved towards a balanced approach. This research paper presents the reality that the Indian judicial process often becomes limited, or constrained, due to the aggressive industrial development of the state. In the Raigad of Maharashtra, in the case of clearing the Mangrove Forest, an unexpected decision of the Supreme Court has come forward. The court has tried to create a balance between economic benefits and the protection of ecologically sensitive areas. Now, the big question arises: Can Forest destruction be compensated in any other way for economic benefits? This research paper will shed light on the judicial concepts and doctrines developed since independence, which guide the state to preserve wildlife and forests. Also, this paper will try to find out why the view of the court has shifted from an activist approach to an economic balancing approach. In the end, its aim is to find ways to reduce the loopholes from decision to implementation in the judicial process, so that forest conservation is effective in India.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 9, Issue 3, Page 205 - 238
Creative Commons
CC BY-NC 4.0 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.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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