Effectiveness of Environmental Treaties in India: A Study of Fruitless Legislations

Abstract

Lack of Environment related data creates difficulty in asserting the actual measures while dealing with environmental problems arose from International environmental agreements. The rationale behind inaccessibility has not been discussed properly. However, the “best methodologically doable” way to assess IEA efficacy, according to experts, is not by evaluating environmental conditions. To tackle such an issue nationwide as well as worldwide, an uniform plan of action must be executed at every levels
of authority assigned for dealing with environmental tensions. Mere environmental treaties or other international instrument is not sufficient to back the good environment, their efficiency and effectiveness plays a vital role when they are modified and executed in a nation according to their legislation. A wave of legislation was passed during the post-independence era thanks to the judiciary's active involvement in the 1990s. Articles 48A and 51A(g) of the Indian Constitution’s Forty-second Amendment, which was passed in 1976, explicitly incorporated environmental protection concepts. Article 253 of Indian Constitution empowers Indian legislation to follow the essence of Stockholm declaration in their municipal laws, whereby The Air Act and the Environment Act established. Despite of these facts India witnessed bundles of PILs with regards to pollution and other environmental deficiencies. And the race is still on in the modern India, of course many time the defense of sustainable development has been
taken but the extent of sustainability and efficacy of governing legislations are still in question. This paper is an attempt to study the effectiveness of implemented treaties and their use in modern India at the same time this paper has been developed to draw a clear picture of how such treaties are abused in the name of sustainable development in India. A number of judicial pronouncements has been referred for the same.