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Forest Governance and Van Sanrakshan Evam Samvardhan Adhiniyam 2023: Environmental Jurisprudence and Godavarman Legacy

CURRENT AFFAIRS | MARCH 2026

Exam Relevance
Prelims: Van Sanrakshan Evam Samvardhan Adhiniyam 2023, GFRA 2025, Forest Conservation Act, Paris Agreement
Mains: GS Paper III (Environment — Forest Governance, Conservation), GS Paper II (Governance — Legislative Reform)
Judicial Services Relevance: Godavarman case legacy; Art. 48A, 51A(g); Forest Rights Act 2006; deemed forests; judicial oversight of forest diversion; compensatory afforestation

India’s Forest Governance at a Crossroads

India ranks ninth globally in forest area, with forests covering approximately 21.7% of its geographical territory. Yet this statistical position masks a complex governance landscape where legislative ambiguity, institutional fragmentation, and competing developmental pressures create persistent challenges for forest conservation — challenges that the judiciary has historically played a central role in addressing.

The passage of the Van Sanrakshan Evam Samvardhan Adhiniyam, 2023 (commonly referred to as the Forest Conservation Amendment Act, 2023) and the Ministry’s subsequent administrative decisions have brought forest governance back to the forefront of legal and constitutional debate.

Key Facts — Forest Governance

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  • India’s global rank in forest area: 9th
  • Forest cover: ~21.7% of geographical territory
  • Key legislation: Van Sanrakshan Evam Samvardhan Adhiniyam, 2023
  • Paris Agreement target: Additional carbon sink of 2.5-3 billion tonnes CO2 equivalent by 2030
  • International assessment: FAO’s Global Forest Resources Assessment (GFRA) 2025

The Global Forest Resources Assessment (GFRA) 2025

The FAO’s Global Forest Resources Assessment 2025 provides the international baseline against which India’s forest governance must be evaluated. The GFRA tracks deforestation rates, forest degradation, biodiversity loss, and the effectiveness of national conservation frameworks.

India’s reporting under GFRA obligations intersects with its commitments under:

  • The Paris Agreement — creating an additional carbon sink of 2.5-3 billion tonnes of CO2 equivalent through additional forest and tree cover by 2030
  • The Convention on Biological Diversity (CBD) — protecting forest biodiversity
  • Sustainable Development Goals (SDG 15) — Life on Land

Ministry’s Revised Guidelines: Leasing Forest Land

The Ministry of Environment, Forests and Climate Change (MoEFCC) has eased guidelines permitting the leasing of forest land for activities classified as “forestry activity” — including commercial plantations, eco-tourism, and compensatory afforestation projects. This definitional expansion raises significant legal questions:

  • Does the expanded definition of “forestry activity” dilute the protective intent of forest conservation legislation?
  • Can commercial plantations (monoculture) substitute for natural forests (biodiversity-rich)?
  • How does the Godavarman principle of judicial oversight apply to these administrative reclassifications?
Constitutional and Legal Angle
Forest governance engages multiple constitutional provisions: Article 48A (DPSP — protect and improve the environment and safeguard forests), Article 51A(g) (Fundamental Duty — protect the natural environment including forests), and the Concurrent List (Entry 17A) giving both Centre and states legislative competence over forests. The T.N. Godavarman Thirumulkpad v. Union of India (1997) case expanded the definition of “forest” beyond recorded forest areas and established ongoing judicial oversight — a judicial innovation whose legacy the 2023 amendment arguably seeks to curtail.

The Godavarman Legacy and Judicial Oversight

The T.N. Godavarman case (1997) remains the most consequential judicial intervention in Indian forest governance. The Supreme Court:

  • Expanded the definition of “forest” to include all areas that are forests in the dictionary sense, regardless of administrative classification
  • Established continuing mandamus for judicial oversight of forest diversion
  • Created the Compensatory Afforestation Fund Management and Planning Authority (CAMPA)
  • Required prior judicial approval for forest land diversion in many cases
Judiciary Angle — PCS-J/APO Relevance
For judicial aspirants: (1) How does the 2023 Amendment affect the Godavarman principle of expanded forest definition? (2) Can states challenge the Centre’s classification of “forestry activity” under Article 254 (repugnancy)? (3) How does the Forest Rights Act, 2006 interact with the amended Forest Conservation Act? (4) What is the role of the National Green Tribunal in forest governance disputes?

Source: UPSC Essentials, The Indian Express — March 2026

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