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<p>Environmental Rule of Law (ERoL) is a concept that has begun to feature regularly in the recent academic, judicial, and international environmental law discourses. It is being increasingly acknowledged, accepted, and advocated as the new paradigm guiding environmental law decision-making and is used as a touchstone for assessing the decisions, processes, and actions of implementing agencies. It is based on the premise that despite the proliferation of environmental laws globally, effective enforcement remains a persisting challenge due to non-compliance with Rule of Law principles, which are a prerequisite for effective enforcement. India, which is endowed with a rich biodiversity and extensive forest cover, has adopted a complex interplay of legal, institutional, and socio-cultural factors shaping its forest governance regime over the years. Forest Conservation in India post-1980 is under the Van (Sanrakshan Evam Samvardhan) Adhiniyam 1980 (short VSESA), and the continuous Mandamus case of <i>T&#xa0;N Godavarman Thriumulkpad v Union of India</i>, popularly known as the Forest Case, which titled the governance of forests to judicial oversight. Further, the 2023 Amendments in the VSESA have brought significant changes to India’s forest conservation regime. This legal regime for forest conservation presents a compelling case study for assessing the intersection between environmental norms and the rule <i>of</i> law and testing the underlying hypothesis of ERoL. In this paper, the authors also formulate the concept of environmental rule <i>by</i> law by adopting a definition that juxtaposes it with environmental rule <i>of</i> law. These two concepts are then utilised, firstly, to assess and evaluate the extent of alignment of the legal framework for forest conservation in India with the principles of ERoL and test the underlying hypothesis of this concept, and, secondly, to identify and address certain tendencies that echo a flavour of environmental rule <i>by</i> law. We conclude that even though the legal framework in India is largely in alignment with ERoL Principles, there are certain issues, which are acting as roadblocks to effective implementation. Through the analysis, the underlying hypothesis of ERoL is validated and, lastly, the authors also propose some suggestions that can aid in curbing the environmental rule <i>by</i> tendencies thereby strengthening the alignment of the forest conservation regime in India with ERoL.</p>

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Forest Conservation in India: Environmental Rule of Law or by Law?

  • 期刊论文

  • 发表日期：

    2025年6月1日

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  • Sairam Bhat,
  • Vikas Gahlot

摘要

Environmental Rule of Law (ERoL) is a concept that has begun to feature regularly in the recent academic, judicial, and international environmental law discourses. It is being increasingly acknowledged, accepted, and advocated as the new paradigm guiding environmental law decision-making and is used as a touchstone for assessing the decisions, processes, and actions of implementing agencies. It is based on the premise that despite the proliferation of environmental laws globally, effective enforcement remains a persisting challenge due to non-compliance with Rule of Law principles, which are a prerequisite for effective enforcement. India, which is endowed with a rich biodiversity and extensive forest cover, has adopted a complex interplay of legal, institutional, and socio-cultural factors shaping its forest governance regime over the years. Forest Conservation in India post-1980 is under the Van (Sanrakshan Evam Samvardhan) Adhiniyam 1980 (short VSESA), and the continuous Mandamus case of T N Godavarman Thriumulkpad v Union of India, popularly known as the Forest Case, which titled the governance of forests to judicial oversight. Further, the 2023 Amendments in the VSESA have brought significant changes to India’s forest conservation regime. This legal regime for forest conservation presents a compelling case study for assessing the intersection between environmental norms and the rule of law and testing the underlying hypothesis of ERoL. In this paper, the authors also formulate the concept of environmental rule by law by adopting a definition that juxtaposes it with environmental rule of law. These two concepts are then utilised, firstly, to assess and evaluate the extent of alignment of the legal framework for forest conservation in India with the principles of ERoL and test the underlying hypothesis of this concept, and, secondly, to identify and address certain tendencies that echo a flavour of environmental rule by law. We conclude that even though the legal framework in India is largely in alignment with ERoL Principles, there are certain issues, which are acting as roadblocks to effective implementation. Through the analysis, the underlying hypothesis of ERoL is validated and, lastly, the authors also propose some suggestions that can aid in curbing the environmental rule by tendencies thereby strengthening the alignment of the forest conservation regime in India with ERoL.