This research paper provides a comprehensive analysis of the evolving judicial trends in water law in India, shedding light on the dynamic legal framework, recent court rulings, and regulatory measures that underscore the pursuit of sustainable and equitable water resource management. It navigates through India's intricate relationship with water resources, encompassing its historical context, legal foundations, and contemporary challenges. The paper also delves into the recognition of the right to water as a fundamental right under Article 21 of the Indian Constitution and its profound implications for water governance.
In a nation where water holds unparalleled significance, its scarcity and mismanagement present intricate challenges. Against this backdrop, the judiciary has emerged as a key player in shaping water policy through landmark judgments that address pressing issues.
This paper emphasizes the need for a holistic approach to water management, recognizing water as a finite and critical resource that intersects with various sectors, from agriculture to environment, society, and beyond. While the judiciary's interventions have been instrumental, addressing India's multifaceted water challenges requires a collaborative effort. The paper underscores the importance of robust infrastructure, efficient water use practices, and transparent governance mechanisms to bridge the gap between legal pronouncements and on-the-ground impact.
Moreover, the paper explores the intricacies of the Public Trust Doctrine (PTD) as applied to water resources, highlighting its significance in guiding sustainable management practices. The paper underscores the judiciary's role in establishing the right to water as an inherent part of citizens' well-being.