Control of water pollution constitutional aspect in india

Abstract

Water and life are interrelated. In India right to clean water is not a fundamental right in the Constitution. The Courts have interpreted Article 21 of the Constitution right to life encompassing the right to safe and sufficient water. Water pollution in India has a wide range of causes. Forty second amendment to the Constitution of India introduced certain significant provisions relating to environment protection. The Water (Prevention and Control of Pollution) Act, 1974 (Water Act) was passed by Indian Parliament, under article 252 of the Indian Constitution. All the States have approved implementation of the Water Act as enacted in 1974. The Act now applies to all the States and Union Territories. Water is subject in the State List under the Indian Constitution. Parliament adopted amendments to this Act in 1978 and further amended the Act in 1988. The Water Act establishes a Central and State pollution control boards. The Central board may advise the Central Government on water pollution issues, coordinate the activities of state pollution control boards, sponsor investigation and research relating to water pollution, and develop a comprehensive plan for the control and prevention of water pollution. The Water Act is comprehensive in its coverage, applying to streams, inland waters, subterranean waters, and sea or tidal waters. Standards for discharge of effluent or the quality of the receiving waters are not specified in the Act itself. The Act provides for a permit system or ‘consent’ procedure to prevent and control water pollution. The Act generally prohibits disposal of polluting matter in streams, wells and sewers or on land in excess of the standards established by the state boards.