A CRITICAL STUDY ON BIODIVERSITY CONSERVATION IN INDIA: LEGAL FRAMEWORK, JUDICIAL TRENDS AND IMPLEMENTATION CHALLENGES

Biodiversity constitutes the foundation of ecological stability and sustainable development,
encompassing the diversity of life forms and ecosystems that support human existence. India,
recognized as one of the world’s mega-diverse countries, possesses a vast array of biological
resources, ranging from unique flora and fauna to complex ecosystems. However, rapid
industrialization, urban expansion, deforestation, and climate change have significantly
threatened biodiversity across the nation. This study critically examines the legal framework
governing biodiversity conservation in India, focusing on constitutional provisions, statutory
enactments, and institutional mechanisms. It further explores the proactive role played by the
judiciary through landmark judgments such as M.C. Mehta v. Union of India3
and T.N.
Godavarman Thirumulpad v. Union of India4
, which have contributed to the evolution of
environmental jurisprudence in India. Additionally, the research highlights implementation
challenges, including administrative inefficiencies, legal ambiguities, socio-economic
conflicts, and lack of awareness among stakeholders. The paper concludes by suggesting
reforms aimed at strengthening enforcement, enhancing community participation, and
integrating technological tools to ensure effective biodiversity conservation.
KEYWORDS
Biodiversity, Conservation, Environmental Law, India, Judicial Activism, National
Biodiversity Authority, Sustainable Development, ABS Mechanism