Legal Challenges in Water Conservation in India: An Analytical Study of Constitutional and Environmental Perspectives
DOI:
https://doi.org/10.29070/xt01x932Keywords:
Water Conservation, Right to Water, Article 21, Environmental Law, Groundwater Regulation, Public Trust Doctrine, Sustainable Development, Water PollutionAbstract
Water is one of the most essential natural resources for the survival of human beings, animals, agriculture, industry, ecology and sustainable development. In India, the issue of water conservation has become increasingly significant due to population growth, rapid urbanisation, industrialisation, climate change, groundwater depletion, river pollution, unequal distribution of water resources and weak enforcement of environmental laws. Although India possesses a broad constitutional and statutory framework relating to water protection, conservation and pollution control, the country continues to face serious legal and institutional challenges in ensuring sustainable water governance.
The Constitution of India does not expressly mention the right to water as a separate fundamental right; however, judicial interpretation has recognised access to clean and safe drinking water as an integral part of the right to life under Article 21. Articles 48-A and 51-A(g) further impose duties on the State and citizens to protect the environment, including water resources. In addition, legislative measures such as the Water (Prevention and Control of Pollution) Act, 1974, Environment (Protection) Act, 1986, various groundwater regulations, municipal laws, irrigation laws and environmental impact assessment norms provide a legal basis for water conservation. However, fragmented governance, overlapping jurisdictions, inadequate enforcement, excessive groundwater extraction, pollution of rivers and lakes, weak community participation and poor coordination between central, state and local bodies continue to weaken the effectiveness of water conservation laws.
This article critically analyses the constitutional and environmental perspectives of water conservation in India. It examines the legal framework, judicial trends, regulatory mechanisms and practical challenges in water governance. The article also highlights the need for integrated water resource management, stronger groundwater regulation, effective implementation of pollution control laws, decentralised community participation and recognition of water as a public trust. The study concludes that water conservation in India requires not merely legislative reforms but also institutional accountability, ecological sensitivity, public awareness and rights-based governance.
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