Article 21
Explanation
The Indian Judiciary has adopted a liberal interpretation of Fundamental Rights, particularly Article 21. While the Constitution does not explicitly enumerate the "Right to Water," the Supreme Court has read it into the "Right to Life" as an essential component for human existence and dignity.
Legal Interpretation:
- Article 21 (Right to Life and Personal Liberty): This article states that "No person shall be deprived of his life or personal liberty except according to procedure established by law." The Supreme Court has interpreted "life" not merely as animal existence but as a life with dignity.
- Judicial Precedents: In landmark judgments such as Subhash Kumar v. State of Bihar (1991), the Court held that the Right to Life includes the right to the enjoyment of pollution-free water and air. Similarly, in Narmada Bachao Andolan v. Union of India (2000), the Court affirmed that water is a basic need for survival and is part of the Right to Life and Human Rights.
Analysis of Other Options:
- Article 14: Guarantees equality before the law and equal protection of the laws. It is not the primary source for the Right to Water.
- Article 19: Guarantees certain freedoms such as speech, assembly, and movement. It does not directly encompass the right to basic necessities like water.
- Article 32: Provides the right to constitutional remedies (writs) for the enforcement of Fundamental Rights. While Article 32 allows a citizen to approach the Supreme Court if their Right to Water is violated, the substantive right itself flows from Article 21.
Key Takeaway:
The Right to Water is an implied Fundamental Right derived from the Right to Life under Article 21, as access to clean drinking water is essential for a dignified life.