National Park
Under Section 2(21) of the Wild Life (Protection) Act, 1972, an area declared a National Park under Section 35 or 38, or deemed so under Section 66(3).
Explained
Section 2(21) of the Wild Life (Protection) Act, 1972 defines National Park as an area declared, whether under section 35 or section 38, or deemed under sub-section (3) of section 66 to be declared, as a National Park. The definition is formal: an area becomes a National Park only by declaration or by deeming, not by its ecological character alone.
Section 35 sets out the procedure. Where an area, whether within a sanctuary or not, is needed because of its ecological, faunal, floral, geomorphological or zoological association or importance for protecting, propagating or developing wild life or its environment, the State Government may by notification declare its intention to constitute it a National Park. Claims to land are then investigated and rights extinguished under the sanctuary provisions applied by Section 35(3), and once claims are disposed of and all rights have vested in the State Government, the final notification is issued under Section 35(4). Under Section 38, the Central Government may declare a National Park in an area transferred to it by the State.
Protection is stricter than in a sanctuary. No alteration of the boundaries may be made except on the recommendation of the National Board for Wild Life under Section 35(5). Under Section 35(6), no wild life or forest produce may be destroyed, exploited or removed, and no habitat damaged or water flow altered, except under a permit granted by the Chief Wild Life Warden. Section 35(7) prohibits all grazing of livestock in a National Park, while in a sanctuary the Chief Wild Life Warden may regulate, control or prohibit grazing under Section 33(d). In a sanctuary some rights may continue; in a National Park all rights must vest in the State.
Examiners test the difference between a National Park and a sanctuary, the grazing ban and the role of the National Board. General knowledge papers also ask that India's first National Park, created in 1936 as Hailey National Park, is now the Jim Corbett National Park.
What the law says
(21) “National Park” means an area declared, whether under section 35 or section 38, or deemed, under sub-section (3) of section 66, to be declared, as a National Park;
Clause (21) defines National Park
(1) Whenever it appears to the State Government that an area, whether within a sanctuary or not, is, by reason of its ecological, faunal, floral, geomorphological or zoological association or importance, needed to be constituted as a National Park for the purpose of protecting, propagating or developing wild life therein or its environment, it may, by notification, declare its intention to constitute such area as a National Park.
[Provided that where any part of the territorial waters is proposed to be included in such National Park, the provisions of section 26A shall, as far as may be, apply in relation to the declaration of a National Park as they apply in relation to the declaration of a sanctuary.]
(2) The notification referred to in sub-section (1) shall define the limits of the area which is intended to be declared as a National Park.
Declaration of National Parks and restrictions in them
(2) The Central Government may, if it is satisfied that the conditions specified in section 35 are fulfilled in relation to any area referred to in sub-section (1), whether or not such area has been declared, to be a sanctuary by the Central Government or the State Government, declare such area, by notification, to be a National Park and the provisions of sections 35, 54 and 55 shall apply in relation to such National Park as they apply in relation to a National Park declared by the State Government.
[(2A) The Central Government may, if it is satisfied that the conditions specified in sub-section (1) of section 36A are fulfilled in relation to any area referred to in sub-section (1), declare such area, by notification, to be a conservation reserve and the provisions of sections 36A and 36B shall apply in relation to such conservation reserve as they apply in relation to a conservation reserve declared by the State Government.]
(3) In relation to a sanctuary or National Park [or conservation reserve] declared by the Central Government, the powers and duties of the Chief Wild Life Warden under the sections referred to in [sub-sections (1), (2) and (2A)], shall be exercised and discharged by the Director or by such other officer as may be authorised by the Director in this behalf and references, in the sections aforesaid, to the State Government shall be construed as references to the Central Government and reference therein to the Legislature of the State shall be construed as a reference to Parliament.
Central Government's power to declare National Parks
The Chief Wild Life Warden shall be the authority who shall control, [manage and protect all sanctuaries in accordance with such management plans for the sanctuary approved by him as per the guidelines issued by the Central Government and in case the sanctuary also falls under the Scheduled Areas or areas where the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) is applicable, in accordance with the management plan for such sanctuary prepared after due consultation with the Gram Sabha concerned] and for that purpose, within the limits of any sanctuary,—
(a) may construct such roads, bridges, buildings, fences or barrier gates, and carry out such other works as he may consider necessary for the purposes of such sanctuary:
[Provided that no construction of [tourist lodges, including Government lodges, for commercial purposes], hotels, zoos and safari parks shall be undertaken inside a sanctuary except with the prior approval of the National Board;]
Clause (d) regulated grazing in sanctuaries, the contrast
For the exam
- Section 2(21): declared under Section 35 or 38, or deemed under Section 66(3).
- Final notification only after all rights vest in the State Government (Section 35(4)).
- Boundaries altered only on the National Board's recommendation (Section 35(5)).
- No grazing at all in a National Park (Section 35(7)); a sanctuary may permit regulated grazing.
- First National Park: Hailey (1936), now Jim Corbett National Park.
54 questions in the Law Maker question bank use this term. Practise Environmental Law questions
Related terms
- SanctuaryUnder Section 2(26) of the Wild Life (Protection) Act, 1972, an area declared a sanctuary by notification under Chapter IV, including a deemed sanctuary under Section 66(4).
- EnvironmentIncludes water, air and land and the inter-relationship among them and human beings, other living creatures, plants, micro-organism and property. Section 2(a), Environment (Protection) Act, 1986.
- Hazardous substanceUnder Section 2(e) of the Environment (Protection) Act, 1986, any substance or preparation liable, by its chemical properties or handling, to harm humans, other living things, property or the environment.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.