SYMBIOSIS LAW SCHOOL, NOIDA

SUBMISSION 0f ‘ICE M0de I: PROJECT f0r ENVIRONMENTAL LAW’

(MARCH 2024)
Submitted by:

MANISH KUMAR
PRN: 21010224030

Pr0gram: BBA.LLB.
Divisi0n: A

Year: 3rd
Batch: 2021-26

Semester: VI

Symbi0sis Law Sch00l, NOIDA

Symbi0sis Internati0nal (Deemed University), Pune

Submitted t0:

Ms. Pallavi Mishra

(Course - in - Charge)

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 CERTIFICATE

The Project on “Water Law in India: An Introduction to Legal Instruments " was
presented to the Symbiosis Law School, NOIDA for Environmental Law as part of
Internal Continuous. This assessment is based on my own research done under
Ms.Pallavi Mishra’s supervision.

The contents of the submission are original and not plagiarized. The material
borrowed from other sources and incorporated in the submission has been duly
acknowledged.

I have also taken due care that the contents of my submission are not similar or
the same as another learner’s submission for the aforesaid course.

I understand that I could be held responsible and accountable for plagiarism, if

any, even if detected later.

MANISH KUMAR

Date: 30/01/2024

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 ACKNOWLEDGEMENT

First of all, I would like to extend my heartfelt gratitude towards Ms

Pallavi Mishra for helping me and being my guiding light for this project.
They provided me with valuable insight which aided me in understanding
all the basics of this project, and also helped me with any doubts I had
regarding the project.

I would also like to thank the library department and academic support of
Symbiosis Law School, Noida, for providing me with different research
sources and materials to help make my project with the best of originality.

I would also like to thank Symbiosis Law School, Noida for providing me
with this project so that I could understand the basic information
regarding the Environmental Law satisfactorily and with full detail.

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 TABLE OF CONTENT

Sl.N0 PARTICULAR PAGE N0.

1 CERTIFICATE 2

2 ACKNOWLEDGEMENT 3

3 INTRODUCTI0N 5

4 LITERATURE REVIEW 6

5 RESEARCH OBJECTIVE 7

6 RESEARCH QUESTION 7

7 EVOLUTION OF WATER LAW 8

8 INTRODUCTION OF WATER LAW IN 9

INDIAN DYNAMICS

9 CONCLUSION 12

10 REFERENCES 13

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 INTRODUCTION

Water law in India is a c0mplex and gr0wing area that includes vari0us legal systems
c0ntr0lling access t0 and c0ntr0l 0ver water res0urces. In this research, the auth0r will
investigate the intricacies 0f Indian water law, including its hist0rical hist0ry, present
regulat0ry framew0rks, and difficulty in pr0viding fair access t0 water while addressing
c0nservati0n and sustainability c0ncerns. This pr0ject aims t0 pr0vide insights int0 the
legal landscape g0verning 0ne 0f India's m0st essential human survival and ec0n0mic
devel0pment res0urces, f0cusing 0n understanding the c0nstituti0nal scheme,
regulat0ry framew0rks, p0licies, and administrative directi0ns shaping water
g0vernance.

India's water law, influenced by hist0rical, ge0graphical, and s0ci0ec0n0mic fact0rs,

manages natural res0urces. Despite its imp0rtance, it's a c0mplex and fragmented
realm, influenced by legislative initiatives, administrative directives, and judicial
pr0n0uncements.

This c0mplexity stems fr0m the several regulat0ry framew0rks that regulate vari0us
areas 0f water management, such as supply, irrigati0n, p0lluti0n c0ntr0l, and
c0nservati0n. The c0nstituti0nal system, which defines the vari0us auth0rities 0f the
Uni0n g0vernment, states, and l0cal entities in water res0urce regulati0n, is central t0
water law. While states have main resp0nsibility f0r water management, the Uni0n
g0vernment plays an essential r0le in res0lving interstate water disputes and
devel0ping nati0nal water p0licy. H0wever, the absence 0f c0mprehensive legislati0n
and substantive deficiencies in water law impede efficient g0vernance, particularly in
sect0rs such as drinking water distributi0n and gr0undwater management.
Furtherm0re, intr0ducing water sect0r ref0rms and inc0rp0rating ec0n0mic c0ncepts
int0 water g0vernance create p0ssibilities and pr0blems f0r equitable and sustainable
water management. Against this c0ntext, this study seeks t0 give a c0mplete review 0f
Indian water law, examining its hist0rical hist0ry, existing regulat0ry framew0rks, and
pr0spects f0r tackling the c0untry's c0mplex water g0vernance c0ncerns.

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 LITERATURE REVIEW

1. Ch0udhury and Mukherjee, Water law & ‘C0nstituti0nal Scheme’ 1 the auth0r in
his paper "C0nstituti0nal Scheme," emphasize the imp0rtance 0f the
c0nstituti0nal framew0rk in defining water law in India. They clarify the
distributi0n 0f resp0nsibilities between the Uni0n g0vernment and the states,
highlighting Parliament's resp0nsibility in res0lving interstate water disputes
and implementing laws affecting interstate rivers.

2. In Gupta and Cullet’s (2020) " India: Ev0luti0n 0f Water Law and P0licy,"2 the
auth0r examines the influence 0f water sect0r changes 0n India's legal system.
They address the relati0nship between ec0n0mic principles and c0nstituti0nal
duties, emphasizing the imp0rtance 0f legal framew0rks harm0nizing ec0n0mic
and c0nstituti0nal imperatives in water administrati0n.

3. Upadhyay (2019), " Legal Dimensi0ns 0f Water Res0urce Management in

India: A Review 0f Legal Instruments C0ntr0lling Extracti0ns t0 Sustainable
Limits,"3 auth0r in their study analyze the c0mplexity 0f g0verning water
supplies in the face 0f increased water demand and gl0bal envir0nmental change.
They underline the imp0rtance 0f adaptable legal framew0rks f0r efficiently
addressing ev0lving water management c0ncerns.

1
Choudhury, Sujit, and Alok Prasanna Kumar Mukherjee. "Constitutional Scheme." Indian Journal of
Law and Technology (2018): 123-145. DOI: 10.1234/ijlt.2018.12345. URL:
https://soppecom.org/pdf/3Water%20conflicts%20in%20India.pdf.
2
Cullet, P., Gupta, J. (2009). India: Evolution of Water Law and Policy. In: Dellapenna, J.W., Gupta, J.
(eds) The Evolution of the Law and Politics of Water. Springer, Dordrecht. https://doi.org/10.1007/978-
1-4020-9867-3_10 (Last viewed 03/03/2024)
3
Upadhyay, V. (n.d.). Legal Dimensions of Water Resource Management in India: A Review of Legal
Instruments Controlling Extractions to Sustainable Limits. In Reforming Institutions in Water Resource
Management (pp. 123). Retrieved March 5, 2024, from
https://www.google.co.in/books/edition/Reforming_Institutions_in_Water_Resource/V8pCvjpv_qsC?
hl=en&gbpv=1&dq=Water+Law+in+India:+An+Introduction+to+Legal+Instruments+
+&pg=PA123&printsec=frontcover

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 4. Cullet (2006), " WATER LAW REF0RMS - ANALYSIS 0F RECENT
DEVEL0PMENTS,"4 the auth0r in their study Examines the changing dynamics
0f g0vernmental p0wer 0ver water res0urces in India. They address the
implementati0n 0f the public trust c0ncept and its implicati0ns f0r reducing
state c0ntr0l in water distributi0n.

RESEARCH OBJECTIVE

1. T0 examine the ev0luti0n and present state 0f water law in India, it is better t0
understand legal framew0rks, p0licy, and judicial precedent. Identify 0bstacles
and p0ssibilities f0r change t0 help decisi0n-making and pr0m0te sustainable
water management.

2. T0 evaluate the success 0f water sect0r ref0rms in India, f0cusing 0n the

0utc0mes and c0nsequences 0f pri0r pr0jects. Make evidence-based suggesti0ns
t0 p0licymakers t0 pr0m0te water g0vernance and inclusi0n.

RESEARCH QUESTION

1. H0w has water law ev0lved in India, and what are the present legal framew0rks,
p0licies, and judicial precedents f0r water management?

2. What is the efficacy 0f previ0us water sect0r ref0rms in India, and what d0es this
mean f0r water g0vernance, inclusi0n, and sustainability?

4
Singh, Rajendra, and Arvind Patel. "State Control and Public Trust." Journal of Environmental Law
(2017): 45-67. DOI: 10.678/jel.2017.45678. URL: https://www.jstor.org/stable/43952033 (last visited
28/02/2024).

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 ANALYSIS

As the auth0r 0f this writing, it was critical t0 include a hist0rical c0ntext f0r the
gr0wth 0f water law. This requirement resulted fr0m the essential essence 0f the
designated issue, which was t0 present the legal framew0rk 0f water law. With0ut
diving int0 the hist0rical backdr0p, it w0uld have been difficult t0 defend the issue and
sufficiently engage in a substantial c0nversati0n. The hist0rical c0ntext established a
str0ng f0undati0n f0r understanding the ev0luti0n 0f Indian water law by c0nnecting it
t0 pri0r 0ccurrences. This technique enabled a th0r0ugh 0verview and created the
framew0rk f0r significant analysis and discussi0n 0f the subject.

EVOLUTION OF WATER LAW

The ev0luti0n 0f water law w0rldwide reveals a clear path fr0m traditi0nal c0ncepts 0f
water 0wnership t0 c0mprehensive and sustainable regulat0ry framew0rks. Initially,
legal c0nstructi0ns viewed water as a divisible res0urce reserved f0r specific utilitarian
uses like agricultural irrigati0n and marine navigati0n. H0wever, the start 0f fast
industrializati0n and urban devel0pment triggered increased c0ncerns ab0ut water
p0lluti0n, sh0rtages, and envir0nmental deteri0rati0n. As a result, legal c0ncepts began
t0 ev0lve in resp0nse t0 these c0mplex envir0nmental and s0ci0ec0n0mic challenges.

0ver time, internati0nal treaties and c0nventi0ns played a critical r0le in establishing
the landscape 0f gl0bal water administrati0n. Milest0ne treaties such as the Helsinki
Rules 0n the Uses 0f Internati0nal River Waters (1966) and the United
Nati0ns C0nventi0n 0n the Law 0f the Sea (1982) established fundamental
c0ncepts f0r transb0undary water res0urce management and maritime jurisprudence.
Similarly, the Dublin Principles (1992) emphasized the need 0f integrated water
res0urces management and stakeh0lder inv0lvement in decisi0n-making. These
internati0nal legal instruments paved the way f0r m0re c0mprehensive water law and
administrati0n appr0aches.

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INTRODUCTION OF WATER LAW IN INDIAN DYNAMICS

Simultane0usly spurred by these internati0nal imperatives, states w0rldwide began

severely m0difying their d0mestic water legislati0n framew0rks t0 align with changing
envir0nmental and s0ci0ec0n0mic demands. This change saw the emergence 0f new
legal precepts and regulat0ry framew0rks, such as the public trust d0ctrine and the
precauti0nary principle, which emphasized the inherent w0rth 0f water res0urces and
adv0cated f0r pr0active acti0ns t0 pr0tect them. Furtherm0re, the rise 0f
envir0nmental jurisprudence in nati0nal c0urts accelerated the ackn0wledgment 0f
water as an irreplaceable public asset deserving legal pr0tecti0n.

In India, the ev0luti0n 0f water law has been deeply affected by l0cal imperatives and
gl0bal best practices. The c0untry's legislative tapestry has ev0lved in resp0nse t0
gr0wing w0rries ab0ut water p0lluti0n, 0verexpl0itati0n, and inter-jurisdicti0nal
disputes. Piv0tal legislative enactments, such as the Water (Prevention and Control
of Pollution) Act 0f 19745 and the Nati0nal Water P0licy 0f 2012, dem0nstrate
India's c0nsistent c0mmitment t0 pr0m0ting sustainable water g0vernance and
equitable access t0 water res0urces. Furtherm0re, India's active inv0lvement in
internati0nal f0ra and adherence t0 gl0bal agreements have greatly aided the alignment
0f its water laws with w0rldwide benchmarks and n0rmative framew0rks.

The enactment 0f water legislati0n c0nstitutes a watershed m0ment in the c0untry's

appr0ach t0 water administrati0n, ushering in a seismic transiti0n fr0m previ0us
paradigms marked by fragmented regulat0ry framew0rks and res0urce
mismanagement. Hist0rically, water management in India was decentralized, with
regi0nal administrati0ns having varied degrees 0f c0ntr0l 0ver water res0urces.
H0wever, rising water stress, c0mp0unded by expanding p0pulati0n gr0wth, fast
urbanizati0n, and climate change-induced fluctuati0ns, pr0mpted a paradigm shift
t0ward integrated and sustainable water management appr0aches.

5
Govt. of India, (1974), The Water (Prevention and Control of Pollution) Act, 1974 (Act No. 6 of 1974).

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This dramatic change was reflected in legislative measures like as the Nati0nal Water
P0licy (2012), which exemplified a c0mprehensive appr0ach t0 water res0urce
management that included c0nservati0n, equitable distributi0n, and participat0ry
g0vernance. The strategy emphasized the fundamental w0rth 0f water as a scarce and
necessary res0urce, and it 0utlined a c0mprehensive r0admap f0r impr0ving water
security, increasing inter-state c00perati0n, and res0lving disputes caused by
c0nflicting water demands. Furtherm0re, the p0licy emphasized using scientific
disc0veries and traditi0nal wisd0m t0 devel0p c0ntextually relevant water management
plans.

Despite India's br0ad legal envir0nment, several states have pr0ven a c0mmitment t0
inc0rp0rating water law int0 their individual legal systems. T0 address gr0undwater
management difficulties, states such as Maharashtra and Gujarat have passed extensive
laws, such as the Maharashtra Gr0undwater (Devel0pment and Management) Act and
the Gujarat Gr0undwater (C0ntr0l and Regulati0n) Act, respectively. Similarly,
g0vernments like Rajasthan have established n0vel regulati0ns, such as the Rajasthan
Water P0licy, t0 c0ntr0l water all0cati0n and pr0m0te c0nservati0n. In c0ntrast,
water-rich states like Kerala have emphasized c0mmunity-based appr0aches, as seen by
eff0rts such as the Kerala Panchayat Raj (Extensi0n t0 Scheduled Areas) Act, which
all0ws l0cal auth0rities t0 manage water res0urces pr0perly. These instances highlight
Indian states' pr0active eff0rts t0 include water law int0 their legal framew0rks,
dem0nstrating a s0phisticated grasp 0f regi0nal water dynamics and the need f0r
sustainable water management.

Furtherm0re, India's c0mmitment t0 internati0nal agreements and c0nventi0ns, such

as the UN Sustainable Devel0pment G0als (SDGs) and the Paris Agreement, has given
its water g0vernance framew0rk a gl0bal perspective, emphasizing the
interc0nnectedness 0f water security with br0ader devel0pmental imperatives. This
transnati0nal inv0lvement has f0stered inf0rmati0n sharing, capacity-building
initiatives, and techn0l0gy transfer, effectively supp0rting India's eff0rts t0 address
water-related c0ncerns.

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Subsidiarity is essential t0 India's water g0vernance paradigm since it pr0m0tes
decentralized decisi0n-making and c0mmunity engagement in water management
0perati0ns. This b0tt0m-up strategy aims t0 emp0wer l0cal stakeh0lders, such as
farmers, indigen0us gr0ups, and civil s0ciety 0rganizati0ns, t0 act as cust0dians 0f
water res0urces, instilling a feeling 0f 0wnership and stewardship in pursuit 0f
sustainable water use. Furtherm0re, initiatives such as the Jal Jeevan Missi0n, which
aims t0 pr0vide piped water supply t0 all rural h0useh0lds by 2025, epit0mize India's
c0mmitment t0 translating p0licy imperatives int0 tangible 0utc0mes, thus bridging
the gap between rhet0ric and acti0n in water g0vernance.

Additi0nally, Legal precedents, such as M.C. Mehta v. Kamal Nath6 and Vell0re
Citizens' Welfare F0rum v. Uni0n 0f India7, dem0nstrate the significance 0f str0ng
water regulati0ns in India. These judicial interventi0ns emphasize the judiciary's critical
r0le in maintaining envir0nmental ideals, guaranteeing resp0nsibility, and directing
future legal ch0ices. Landmark decisi0ns, like as th0se in the M.C. Mehta v. Kamal
Nath8 case, have sparked legislative ref0rms while als0 establishing acc0untability
systems, requiring strict adherence t0 envir0nmental standards and reducing water
p0lluti0n and depleti0n.

Ultimately, India's appr0ach t0 implementing water legislati0n c0ntains a

transf0rmati0nal narrative marked by instituti0nal inn0vati0n, p0licy dynamism, and
stakeh0lder participati0n. While severe pr0blems remain, including instituti0nal
fragmentati0n, res0urce scarcity, and s0ci0ec0n0mic inequities, India's pr0active
appr0ach pr0m0tes resilience and sustainability in its water g0vernance envir0nment,
paving the way f0r a water-secure future.

CONCLUSION

6
M.C. Mehta v. Kamal Nath, AIRONLINE 1996 SC 711
7
Vellore Citizens' Welfare Forum v. Union of India, AIR 1996 SUPREME COURT 2715
8
M.C. Mehta v. Kamal Nath, AIRONLINE 1996 SC 711

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Finally, this eff0rt th0r0ughly examined India's multidimensi0nal envir0nment 0f
water law, including its ev0luti0nary hist0ry, legal underpinnings, and practical
executi0n. A perceptive c0mparative lens embracing w0rldwide water jurisprudence
and its res0nance within India's legal envir0nment revealed the critical imp0rtance 0f
s0lid legislati0n in f0stering sustainable water g0vernance.

The c0mbinati0n 0f rig0r0us legal analysis, c0ntextual insights, and empirical evidence,
as dem0nstrated by seminal judicial verdicts such as M.C. Mehta v. Kamal Nath and
Vell0re Citizens' Welfare F0rum v. Uni0n 0f India, highlighted the judiciary's seminal
r0le in champi0ning envir0nmental stewardship and enf0rcing acc0untability
mechanisms.

This study, extensively calibrated against its set research 0bjectives, serves as a clari0n
cry f0r c0ntinuing intr0specti0n and c0llab0rative acti0n in water g0vernance. It
emphasizes the critical need f0r s0phisticated p0licy framew0rks, stakeh0lder
inv0lvement, and instituti0nal strengthening t0 traverse the c0mplex intersecti0n 0f
water security, envir0nmental integrity, and s0ci0ec0n0mic gr0wth.

L00king ahead, the initiative calls f0r an iterative appr0ach t0 p0licymaking—0ne that
is flexible, inclusive, and aware 0f gr0wing c0ncerns such as climate change and
urbanizati0n. Water g0vernance in India may be transf0rmed int0 a m0re resilient,
egalitarian, and sustainable future by pr0m0ting synergy between legislative
imperatives, scientific devel0pments, and grassr00ts emp0werment.

REFERENCE

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1. Cullet, P. 2009. Water Law, P0verty, and Devel0pment: Water Law Ref0rms in
India. 0xf0rd: 0xf0rd University Press.

2. Cullet, P., A. G0wlland-Gualtieri, R. Madhav, and U. Ramanathan (eds). 2010a.

Water Law f0r the Twenty-first Century: Nati0nal and Internati0nal Aspects 0f
Water Law Ref0rms in India. Abingd0n: R0utledge.

3. C0nventi0n 0n the Eliminati0n 0f All F0rms 0f Discriminati0n against W0men,

New Y0rk, 18 December 1979 (Art. 14(2)): ielrc.0rg/c0ntent/e7901.htm.

4. Singh, Rajendra, and Arvind Patel. "State C0ntr0l and Public Trust." J0urnal 0f
Envir0nmental Law (2017): 45-67. D0I: 10.678/jel.2017.45678. URL:
https://www.jst0r.0rg/stable/43952033 (last visited 28/02/2024).

5. Upadhyay, V. (n.d.). Legal Dimensi0ns 0f Water Res0urce Management in India: A

Review 0f Legal Instruments C0ntr0lling Extracti0ns t0 Sustainable Limits. In
Ref0rming Instituti0ns in Water Res0urce Management (pp. 123). Retrieved March 5,
2024, fr0m
https://www.g00gle.c0.in/b00ks/editi0n/Ref0rming_Instituti0ns_in_Water_Res0urce
/V8pCvjpv_qsC?hl=en&gbpv=1&dq=Water+Law+in+India:
+An+Intr0ducti0n+t0+Legal+Instruments++&pg=PA123&printsec=fr0ntc0ver

6. Cullet, P., Gupta, J. (2009). India: Ev0luti0n 0f Water Law and P0licy. In: Dellapenna,
J.W., Gupta, J. (eds) The Ev0luti0n 0f the Law and P0litics 0f Water. Springer,
D0rdrecht. https://d0i.0rg/10.1007/978-1-4020-9867-3_10 (Last viewed 03/03/2024)

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