WATER LAW IN INDIA: DIFFERENT

DIMENSIONS

By:
Dr. Azim B. Pathan,
Hidayatullah National Law University, New Raipur

CONTENTS

Introduction
National Legal Framework
1. Interlink between Constitutional Law and Water
Law in India
2. Other Legislations

Introduction

Water is the stuff of life and a

basic human right.
-United Nations Development Programme
(UNDP)

F.K. Hussain vs. Union of India

(AIR 1990 Kerala, 321), in this
case
Kerala
High
Court
observed that water and rivers
have dominated the destiny and
fortunes of man. The greatest
civilization that mankind Knew
of grew on the banks of Indus
and Ganges.
Thus water is an essential
element for life-including human
life- on earth and as a result is a
core concern in law

Contd

In India,
Water
Laws

Water Policies

International Treaties

State Acts

Central Acts

Contd.

Stockholm Conference on Human Environment, 1972

Principle 2: The natural resources of the earth, including the

air, water, land and, flora and fauna and especially
representative samples of natural ecosystems, must be
safeguarded for the benefit of present and future generations
through careful planning and management, as appropriate.

United Nations Conference on Environment and

Development, 1992

National Legal Framework

India does not have an exclusive and comprehensive

water law.
Water related legal provisions are dispersed across
various Central and State Laws and Constitutional
provisions.
Interlink between Constitutional Law and Water Law
in India

Schedule VII, List II (State List), Entry 17

Entry 17: Water that is to say, water supplies, irrigation
and canals, drainage and embankments, water storage
and water power subject to provisions of entry 56 of List
I (Union List).

Contd..

Schedule VII, Entry 56, List I (Union List)

Entry 56: Regulation and development of inter-state rivers

and river valleys to the extent to which such regulation and
development under the control of the Union is declared by
Parliament by law to be expedient in the public interest.
Article 262 of Constitution of India: Disputes relating to Water:
Adjudication of disputes relating to waters of inter-state rivers
or river valleys:
1. Parliament may by law provide for the adjudication of
any dispute or complaint with respect to the use, distribution
or control of the waters of, or in, any inter-state river or river
valley.
2. Notwithstanding anything in this Constitution,
Parliament may by law provide that neither the Supreme Court
nor any other Court shall exercise jurisdiction in respect of any
such dispute or complaint as is referred to in clause (1).

Contd.

Water (Prevention and Control of Pollution) Act,

1974

This is an Act which came into existence in pursuance of

clause (1) of Article 252 of the Constitution.
This Legislation passed on the resolutions passed by
legislatures of the state of Assam, Bihar, Gujrat, Haryana,
H.P., J&K, Kerala, M.P., Rajasthan, Tripura and West
Bengal.
Objectives of the Act:

It was enacted to provide for the prevention and control of

water pollution and maintaining or restoring wholesomeness

of water.
It also provides for the establishment of Central Pollution
Control Board and State Pollution Control Boards, with a
view to carrying out above said purpose.

Contd.

Section 2 (e): pollution means such contamination

of water or such alteration of the physical, chemical or
biological properties of water or such discharge of any
sewage or trade effluent or of any other liquid, gaseous
or solid substance into water (whether directly or
indirectly) as may, or is likely to, create a nuisance or
render such water harmful or injurious to public health
or safety, or to domestic, commercial, industrial,
agricultural or other legitimate uses, or to the life and
health of animals or plants or of aquatic organism.

Contd.

Section 3 and 16: Central Board:

The main function of the CPCB is to promote cleanliness of

streams and wells in different areas of the States.
Function of the CPCB range from advising the Central
Government on matters concerning the prevention and
control of water pollution.
Assistance and coordination in the activities of different State
Boards.
Resolution of disputes among State Boards.
Planning and organization of training and research
programmes for laying down standards for streams, wells
etc.
CPCB has also the power to make application to court for
restoring apprehended pollution of water in streams or wells,
and to give directions to any person, officer or authority.

Contd.

Section 4 and 17:

Function of the SPCB includes planning and executing

programme for prevention and control or abatement
of pollution of streams and wells in the State.
To advise state government to collaborate with CPCB
in training programmes.
Inspection of sewage and trade effluents.
Laying down the standard for such effluents and for
quality of receiving water.

Contd..

Environment Protection Act, 1986

Umbrella Legislation
Importance of Section 3 and Section 5
Indian Council for Enviro-Legal Action vs. Union of India
(AIR 1996 SC 1446)
Rural Litigation & Entitlement Kendra vs. State of Uttar
Pradesh
(AIR 1985 SC 652)

Contd..

Constitution of India and Right to Pollution Free

Water

Article 21: No person shall be deprived of his life and

personal liberty except according to procedure established
by law.
Article 48 A: Protection and improvement of environment
and safeguarding of forests and wild life: The State shall
endeavour to protect and improve the environment and to
safeguard the forests and wild life of the country.
Article 51A (g): to protect and improve the natural
environment including forests, lakes, rivers and wild life,
and to have compassion for living creatures.
Subhash Kumar vs. State of Bihar (AIR 1991 SC 420).

Thank you