The correct option is (a).
Explanation
Article 21 of the Indian Constitution guarantees the Right to Life and Personal Liberty. The Supreme Court of India, through judicial activism, has expanded the scope of Article 21 to include the right to live with human dignity, which encompasses the right to a clean environment and access to potable water.
Statement-wise Analysis:
- Statement 1 is Correct: The judiciary has consistently interpreted the Right to Life (Article 21) to include the right to the enjoyment of pollution-free water and air. In cases such as Subhash Kumar v. State of Bihar (1991) and Bandhua Mukti Morcha v. Union of India (1984), the Supreme Court held that the right to life includes the right to sufficient clean water for drinking and domestic use.
- Statement 2 is Correct: The judicial interpretation aligns with international human rights standards (such as UN Resolution 64/292), which the Indian courts often refer to. The right to water implies that water services must be physically accessible (within safe physical reach for all sections of the population) and affordable (no one should be denied access due to inability to pay).
- Statement 3 is Incorrect: The State acts as a trustee of all natural resources under the "Public Trust Doctrine" (affirmed in M.C. Mehta v. Kamal Nath). The State is constitutionally obligated to protect water sources and prevent contamination. This obligation extends to regulating private industries to ensure they do not pollute water bodies, applying the "Polluter Pays Principle" where necessary.
Key Takeaway:
The Right to Water is an implied Fundamental Right under Article 21. It imposes a positive obligation on the State to ensure that water is available, accessible, and of acceptable quality, and to protect water resources from pollution by any entity.