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EXISTING WATER LAW FRAMEWORK IN INDIA – A NATIONAL PERSPECTIVE
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Author(s):
MR. OMPRAKASH DIGAMBAR SOMKUWAR
Vol - 7, Issue- 10 ,
Page(s) : 110 - 123
(2016 )
DOI : https://doi.org/10.32804/IRJMSH
Abstract
Water is directly essential for human life. Water is also indirectly essential, for instance, as an indispensable impute in agriculture. Yet despite, the Central Role that water has always played in sustaining life, human lives and human economies, the development of formal water law has been relatively slow and often patchy. At the domestic level, Colonial legislation first focused on the regulation of water for economic reasons. For instance, through the development of legislation concerning irrigation and navigation. Right to water is closely linked with Right to Life as enunciated under Article 21 of the Constitution of India. Without Water any living creature cannot survive.
- Preamble, Canal and Drainage Act, 1873 (Act VIII of 1873).
- Article 26, Madhya Pradesh Irrigation Act, 1931.
- Section 3, Madhya Pradesh Regulation of Waters Act, 1949.
- Section 3(a), Bihar Irrigation Act, 1997, available at http://www.ielrc.org/content/e9703.pdf.
- Schedule 7, List 2, Entries 17 and 21, Constitution of India.
- Schedule 7, List 1, Entries 56, Constitution of India.
- Schedule 7, List 1, Entries 24, 25 and 57 Constitution of India.
- Article 262, Constitution of India.
- Inter-State Water Disputes Act, 1956, available at http://www.ielrc.org/content/e5601.pdf.
- See, e.g. Narmada Water Disputes Tribunal, Final Order and Decision of the Tribunal, 12 December 1979, available at http://www.ielrc.org/content/c7901.pdf.
- River Boards Act, 1956, available at http://www.ielrc.org/content/e5602pdf.
- Ibid., Section 13.
- Water (Prevention and Control of Pollution) Act, 1974, available at http://www.ielrc.org/content/e7402.pdf.
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