Forests in the Concurrent List
Centre-State Federalism
The tussle over the Western Ghats notification illustrates the federal dynamics of environmental regulation, since forests are a shared (Concurrent List) subject rather than an exclusively central or state one.
- The 42nd Constitutional Amendment Act, 1976 moved "Forests" (Entry 17A) and "Protection of wild animals and birds" (Entry 17B) from the State List to the Concurrent List (List III), giving both Parliament and state legislatures power to legislate
- Article 48A (Directive Principle, added by the same amendment) directs the State to protect and improve the environment and safeguard forests and wildlife
- Article 51A(g) imposes a corresponding Fundamental Duty on citizens to protect the natural environment
- Because forests are a Concurrent List subject, the Centre can notify ESAs, but implementation (land records, local livelihoods, infrastructure clearances) rests with state machinery — a structural reason such notifications require sustained Centre-State consensus
● Tracked since July 28, 2026 · last seen July 29, 2026 · updates as the daily brief publishes
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