Comprehension
Drinking water is of primary importance in any country. In fact, India is a party to the Resolution of the UNO passed during the United Nations Water Conference which reads as under:
“All people, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water in quantum and of a quality equal to their basic needs.” Thus, the right to access to drinking water is fundamental to life and there is a duty on the State under Article 21 to provide clean drinking water to its citizens. There is, therefore, need to take into account the right to a healthy environment along with the right to sustainable development and balance them. Competing Human Rights to healthy environment and sustainable development.
“All people, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water in quantum and of a quality equal to their basic needs.” Thus, the right to access to drinking water is fundamental to life and there is a duty on the State under Article 21 to provide clean drinking water to its citizens. There is, therefore, need to take into account the right to a healthy environment along with the right to sustainable development and balance them. Competing Human Rights to healthy environment and sustainable development.
Question: 1
In which of the following cases the Supreme Court held that water is the basic need for the survival of human beings and is part of right of life and Human Rights as enshrined in Article 21 of the Constitution of India?
In which of the following cases the Supreme Court held that water is the basic need for the survival of human beings and is part of right of life and Human Rights as enshrined in Article 21 of the Constitution of India?
Updated On: Aug 13, 2025
- Bandhua Mukti Morcha v. Union of India (1984) 3 SCC 161
- Narmada Bachao Andolan v. Union of India (2000) 7 SCALE 34
- State of Madhya Pradesh v. Centre for Environment Protection Research and Development 2020 SCC OnLine SC 687
- M.C. Mehta v. Union of India (2004) 12 SCC 118
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The Correct Option is B
Solution and Explanation
The Supreme Court of India in Narmada Bachao Andolan v. Union of India (2000) 7 SCALE 34 held that water is a basic need for the survival of human beings and is part of the right to life and Human Rights as enshrined in Article 21 of the Constitution of India. The decision emphasizes that the right to access drinking water is intrinsic to the right to life, mandating the state to ensure access to clean drinking water. The court recognized India's adherence to international resolutions like the United Nations Water Conference, which asserts that everyone, regardless of development stage or socioeconomic status, has the right to sufficient and clean drinking water. This case underscored the balance between providing a healthy environment and sustainable development alongside human rights and the state's obligations under Article 21 of the Indian Constitution.
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Question: 2
Which of the following Courts was the first court to develop the concept of right to healthy environment as part of the Fundamental Right to life?
Which of the following Courts was the first court to develop the concept of right to healthy environment as part of the Fundamental Right to life?
Updated On: Aug 13, 2025
- Philippine Supreme Court
- Supreme Court of India
- European Court of Justice
- Supreme Court of South Africa
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The Correct Option is B
Solution and Explanation
The concept of the right to a healthy environment as part of the Fundamental Right to life was first developed by the Supreme Court of India. This was established under the broad interpretation of Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. The Indian judiciary has expanded this right to include the right to a clean and healthy environment, recognizing its essential role in ensuring a dignified life.
Article 21 states:
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
The Supreme Court of India, in numerous landmark judgments, has upheld that the right to life includes the right to enjoyment of pollution-free water and air for the full enjoyment of life. This perspective aligns with global human rights efforts, noting the country's commitment, as a party to the United Nations Water Conference resolution, to ensure access to clean drinking water and a healthy environment.
By interpreting environmental rights as integral to life, the Supreme Court of India established a model for other judiciaries to follow, emphasizing sustainable development and the importance of balancing environmental protection with other fundamental rights.
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Question: 3
In today’s emerging Jurisprudence, Environmental rights which encompass a group of collective rights are described as:
In today’s emerging Jurisprudence, Environmental rights which encompass a group of collective rights are described as:
Updated On: Aug 13, 2025
- First generation rights
- Second generation rights
- Third generation rights
- Fourth generation rights
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The Correct Option is C
Solution and Explanation
Environmental rights are categorized under third generation rights. These rights focus on collective and global concerns, such as the environment, peace, and development. Unlike first generation rights (civil and political rights) and second generation rights (economic, social, and cultural rights), third generation rights encompass aspects that impact humanity as a whole.
Within the context of legal studies, especially concerning the emerging jurisprudence, these rights are critical as they address issues that transcend national boundaries and require collective efforts. For instance, ensuring access to clean drinking water is a prime example of a third generation right. The comprehension provided about the United Nations Water Conference resolution highlights the obligation of states, like India, to uphold these rights under Article 21, which underscores the imperative of providing clean water as a fundamental right to life.
Thus, recognizing environmental rights as third generation rights stresses their importance in maintaining a sustainable and healthy environment, aligning with the broader goal of sustainable development for all.
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Question: 4
When was the first United Nations Water Conference held?
When was the first United Nations Water Conference held?
Updated On: Aug 13, 2025
- 1975
- 1976
- 1977
- 1978
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The Correct Option is C
Solution and Explanation
The first United Nations Water Conference was held in 1977. This landmark event aimed to address global issues related to water management and access to safe drinking water. During this conference, significant resolutions were made, emphasizing the importance of water as a fundamental human right. The conference brought attention to the rights of all people to have access to drinking water of adequate quality and quantity to meet their basic needs. It underscored the responsibility of nations to ensure the provision of clean drinking water to their citizens under principles like those enshrined in India's Article 21. The United Nations Water Conference set a precedent for integrating human rights, environmental health, and sustainable development.
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Question: 5
The resolution of the UNO passed during the United Nations Water Conference as- All people, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water:
The resolution of the UNO passed during the United Nations Water Conference as- All people, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water:
Updated On: Aug 13, 2025
- In quantum equal to their basic needs
- In quantum according to their age
- In quantum according to their natural needs
- In quantum according to their climatic conditions
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The Correct Option is A
Solution and Explanation
To resolve the given question, it is important to understand the context of the United Nations resolution discussed during the United Nations Water Conference. This resolution emphasizes that every individual, regardless of their developmental status or socio-economic conditions, has the right to access drinking water. Specifically, the resolution states this access must be "in quantum and of a quality equal to their basic needs." Therefore, examining the options provided:
- In quantum equal to their basic needs
- In quantum according to their age
- In quantum according to their natural needs
- In quantum according to their climatic conditions
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Question: 6
The right to access drinking water is a:
The right to access drinking water is a:
Updated On: Aug 13, 2025
- Statutory Right
- Fundamental Right
- Community Right
- Individual Privilege
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The Correct Option is B
Solution and Explanation
In the context of the Indian legal framework, the right to access drinking water is considered a Fundamental Right. This is derived from the interpretation of Article 21 of the Indian Constitution, which ensures the protection of life and personal liberty. The Supreme Court of India has widened the scope of Article 21 to include the right to a healthy environment and access to clean drinking water as integral to the right to life.
India's commitment is further demonstrated through its participation in international initiatives, such as the United Nations Water Conference, which recognizes the universal right to access safe and sufficient drinking water, regardless of development stage or socio-economic status. This establishes a global standard that clean drinking water is essential and a recognized right at the fundamental level.
Therefore, based on this legal interpretation and international commitment, the correct categorization for the right to access drinking water is a Fundamental Right.
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