Case Note & Summary
The writ petition under Article 32 of the Constitution of India was filed by M.K. Balakrishnan and others concerning the conservation of wetlands, which include various water bodies essential for ecological balance. The petition arose due to the acute water shortage in India, attributed to the filling up of ponds and tanks by private interests for construction purposes, leading to severe consequences for both rural and urban populations. The court noted that the historical wisdom of maintaining water bodies has been forgotten, resulting in widespread water scarcity and public unrest. The court referenced a previous decision in State of Orissa vs. Government of India, where it recommended the formation of a body of scientists to address the water crisis through innovative research. The court emphasized that the right to water is integral to the right to life under Article 21, citing various precedents that affirm the necessity of water for survival and the government's obligation to protect natural resources. The court ordered the Ministry of Science and Technology to file a counter affidavit detailing measures to combat water shortages and implement the recommendations from the earlier judgment. The application for impleadment was allowed, and notices were issued to newly added states, with the matter scheduled for further hearing on April 28, 2009.
Headnote
A) Constitutional Law - Right to Water - Right to life includes access to water - Constitution of India, Article 21 - The court recognized the right to water as part of the right to life, emphasizing the necessity of water for survival and the government's duty to ensure its availability. Held that the government must take immediate action to address water shortages (Paras 43-44). B) Environmental Law - Conservation of Wetlands - Protection of natural water bodies - Constitution of India, Article 21 - The court expanded the scope of the writ petition to include the conservation of wetlands, highlighting the ecological importance of ponds, tanks, and other water bodies. The court directed the government to restore and maintain these resources to prevent ecological disaster (Paras 1-2).
Issue of Consideration
What measures are being taken to address the water shortage problem in India?
Final Decision
The court ordered the Ministry of Science and Technology to file a counter affidavit within four weeks regarding measures to solve the water shortage problem and implement previous recommendations. The application for impleadment was allowed, and notices were issued to newly added states, with the matter scheduled for further hearing on April 28, 2009.
Law Points
- Constitutional right to water
- Environmental protection
- Water conservation measures
- Implementation of judicial recommendations
