Case Note & Summary
The case involved a writ petition concerning the acute water shortage in India, highlighting the severe implications for citizens' rights and livelihoods. The Supreme Court noted the alarming situation of water scarcity across various regions, including urban and rural areas, leading to social unrest and hardship. The court emphasized that despite India's rich water resources, mismanagement and pollution have exacerbated the crisis. It referred to previous judgments affirming the right to water as a fundamental right under Article 21 of the Constitution, linking it to basic human rights necessary for a civilized society. The court ordered the Central Government to establish a committee tasked with conducting scientific research to find innovative and cost-effective solutions to the water crisis, including methods for desalination and rainwater harvesting. The committee was to be chaired by the Secretary of the Ministry of Science & Technology and include experts in the field. The court mandated that the committee be formed within two months and directed regular progress reports to ensure accountability. The decision underscored the government's responsibility to address the water crisis urgently and effectively.
Headnote
A) Constitutional Law - Right to Water - Fundamental Right - Article 21 of the Constitution - The court recognized the right to water as part of the right to life, emphasizing that water is essential for survival and should not be denied to citizens. The court directed the formation of a committee to address water scarcity through scientific research and innovation (Paras 4-5).
Issue of Consideration
Whether the right to water is a fundamental right under Article 21 of the Constitution and the measures to be taken to address the water shortage in India.
Final Decision
The Supreme Court directed the Central Government to constitute a committee within two months to address the water shortage problem through scientific research and innovation, emphasizing the urgency of the situation and the need for accountability in addressing this fundamental right.
Law Points
- Right to life
- Article 21
- Water as a basic human right
- Scientific research for public welfare
- Government's duty to address water scarcity
