·The Hindu·15 marks·250–350 wordsPolityEnvironment

Non-compliance by state governments with judicial directions on environmental protection reflects a governance deficit. Discuss with examples.

In this answer
  1. Evidence of the compliance gap
  2. Why it reflects a governance deficit

Courts, invoking Articles 21 and 48A, have become the principal driver of environmental regulation in India. Yet a direction is only as strong as the State machinery that executes it, and repeated slippage in compliance points less to legal ambiguity than to a deficit of capacity, accountability and political will.

Evidence of the compliance gap

  • Kaziranga: despite the Supreme Court's 2019 order banning mining along the park's southern boundary and its catchments, the Central Empowered Committee (CEC) found mining had continued in the Parkup Pahar range, and the ordered Watershed Drainage Analysis Report remained unsubmitted well past its deadline [1].
  • Polluted river stretches: under NGT's directions in O.A. 673/2018, States formed River Rejuvenation Committees and action plans, but a large share of sewage treatment plants still fail prescribed discharge norms [2].
  • Solid waste: nearly a decade after the SWM Rules, 2016, CPCB's implementation reports show legacy dumpsites and processing shortfalls persisting across States [3].

Why it reflects a governance deficit

  • Competing priorities: Assam's move to shrink Kaziranga's eco-sensitive zone from 10 km to 1 km signals development pressure even where an existing ban is unenforced [1].
  • Fragmented accountability: directions addressed to Chief Secretaries and police heads dissipate across forest, mining and autonomous-council authorities [1].
  • Formalistic reporting: quarterly compliance filings substitute for substantive action, and lapses surface only through RTI queries by citizens [1].
  • Weak regulatory capacity: understaffed pollution control boards and fiscally strained urban local bodies cannot deliver court-mandated outcomes [3].

Not every lapse is wilful — uniform national norms can strain local livelihoods, as the Court itself acknowledged while relaxing blanket buffer requirements. The remedy therefore lies in building compliance capacity: time-bound, publicly accessible compliance dashboards, strengthened State pollution boards, and statutory backing for expert monitoring bodies like the CEC. Converting judicial verdicts into administrative routine is what will make Article 48A a living guarantee rather than a litigated one.

Sources

  1. 1SC committee pulls up Assam government for inaction over mining near Kaziranga — The HinduCEC censure, unsubmitted watershed report, Parkup Pahar mining, ESZ reduction proposal
  2. 2A Holistic Approach for Cleanliness of River Ganga — PIB, Ministry of Jal ShaktiNGT O.A. 673/2018, River Rejuvenation Committees, STP non-compliance
  3. 3Status of Implementation of Solid Waste Management Rules — Central Pollution Control BoardState/ULB shortfalls in SWM Rules, 2016 compliance
Practice
12 questions on this article
Check the answer for each question, or reveal all at once.
Practice MCQs →

More from this note

More on Polity