Correct Option
The correct option is (c) 1 and 3 only.
Explanation
The Constitution of India does not explicitly list the 'Right to Water' as a distinct Fundamental Right. However, through judicial interpretation, the Supreme Court has expanded the scope of Article 21 (Right to Life and Personal Liberty) to include the right to safe drinking water as an essential component of a dignified life.
Statement-wise Analysis
- Statement 1 is Correct: The Courts have recognized the Right to Water as part of Fundamental Rights. In landmark judgments such as Subhash Kumar vs. State of Bihar (1991), the Supreme Court ruled that the Right to Life includes the right to the enjoyment of pollution-free water and air for the full enjoyment of life.
- Statement 2 is Incorrect: The Right to Water is not excluded from the scope of Article 21. Instead, it is implicitly included. The judiciary views the right to life not merely as animal existence but as the right to live with human dignity, which is impossible without access to clean water.
- Statement 3 is Correct: By recognizing access to water as a Fundamental Right, the Constitution places a positive obligation on the State to provide safe drinking water. This is further reinforced by Article 47 (Directive Principles of State Policy), which mandates the State to raise the level of nutrition and the standard of living of its people.
Key Takeaway: The 'Right to Water' is an implied Fundamental Right derived from Article 21, imposing a duty on the State to ensure access to safe and clean drinking water for all citizens.