A Way Forward to Realm of Environmental Law in India: Unveiling Judicial Activism and Enforcement Challenges

Abstract

Following an upsurge in judicial activism and the enforcement of new legislative measures, India environmental landscape has undergone an extensive disruption in recent years. This article looks at the changing function of the courts and the challenges involved in upholding the country environmental legislation. Recent years have experienced an enormous shift in India's environmental landscape, driven by a boom in judicial activism and the implementation of new legislative provisions. The judiciary role in setting the direction of ecological governance continues to rise in priority as the nation struggles to find a delicate balance between environmental protection and economic development. The Forest (Conservation) Amendment Act, 2023, and the Environment Impact Assessment (EIA) Notification are a pair of instances of the government programs that strengthen regulations of the environment that are emphasized in the report. It also looks at the rise in legislative activism, with the National Green Tribunal becoming a key decision-making body in environmental issues and the Supreme Court defining the right to maintain a healthy environment as an aspect of the right to life.