A National Park is a legally protected area and an institution established under the Wild Life (Protection) Act, 1972 (WPA, 1972), designed to conserve biodiversity and natural habitats. This type of protected area offers the highest level of legal protection to flora and fauna. The concept gained prominence with the WPA, 1972, which was enacted to address rampant poaching and habitat destruction that had severely depleted wildlife, such as the tiger population, which had plummeted by a 1972 census. Before this Act, India had only five designated national parks, and wildlife protection was governed by weak, colonial-era laws.
The mechanism for establishing a National Park is primarily governed by Section 35 of the WPA, 1972, which allows the State Government to declare an area of ecological or faunal significance as a park. The process requires the settlement of private rights within the area before a final notification is issued. National Parks enforce strict restrictions, prohibiting activities like grazing, hunting, and the destruction or exploitation of habitat. The boundaries cannot be altered by the State Government without a recommendation from the National Board for Wildlife (NBWL).
The concept is closely connected to the 42nd Amendment Act, 1976, which placed 'Protection of Wild Animals and Birds' on the Concurrent List, and to constitutional duties under Article 51A(g). National Parks form a network of Protected Areas alongside Wildlife Sanctuaries and Conservation Reserves, the latter of which was introduced by the Wildlife Protection Amendment Act, 2002. Recently, the Supreme Court modified its June 2022 order mandating a minimum 1 km Eco-Sensitive Zone (ESZ) around National Parks; the May 2023 modification revoked the mandatory distance, stating that ESZs should be site-specific and focus on regulating, rather than prohibiting, activities.