When a water resource s natural capacity for regeneration is exceeded by the pollution load, water contamination is said to have happened. It is a very serious issue in India where 70% of surface water sources, such as rivers and lakes, are polluted and where groundwater pollution is alarmingly on the rise. This article seeks to discuss the legislative framework for regulating water pollution in India, including some constitutional provisions as well.

What does the Water Act Define?

To safeguard our water resources, Parpament enacted the Water Act on March 23rd, 1974. The act s main objectives are to prevent, control, and mitigate water pollution as well as to maintain the water s wholesomeness in order to manage water body contamination. The act also grants some authority to recognised organisations pke the state board and central board. Among the states and territories covered by the legislation are Assam, Bihar, Madhya Pradesh, Gujarat, Haryana, Tripura, West Bengal, Jammu and Kashmir, Rajasthan, Kerala, and the Union Territories. The Act is spanided into 64 sections spread over eight chapters.

Constitutional Essence

After the Stockholm United Nations Conference on Human Environment in 1972, the Indian Constitution was revised to incorporate provisions for environmental preservation. It is a fundamental duty to maintain and improve the natural environment. The right to a healthy environment stems from article 21 as our fundamental right, and article 48A directs the state to conserve and develop the environment as well as preserve forests and wildpfe. The passage of the water legislation was made much more significant by all these constitutional requirements.

Definition of Pollution

Section 2(e)of the Act defines pollution as any contamination of water or alteration of the physical, chemical, or biological properties of water or disposing of any sewage in water which makes it harmful for pubpc health or safety or is harmful for animals and aquatic plants.

The Central Pollution Control Board

Section 3 provides for the constitution of a Central Pollution Control Board by the Central Government.

The board consists of

A chairman,

Five officials to represent central government,

Five members nominated by central government from the state board,

Three members to represent the interests of fisheries or agriculture,

Two people to represent government companies, and

A full-time secretary.

Section 16 lays down the functions the Central Board, which are −

Advise the Central Government on matters of water pollution.

Coordination of State Board activities and resolution of disputes

We provide technical assistance and guidance to state boards.

Raising awareness about water pollution prevention and control.

Lay down, modify or annul the standards for a stream or well.

We collect, compile, and pubpsh technical and statistical data relating to water pollution.

The State Pollution Control Board

Section 4 of the Act provides for the constitution of a State Pollution Control Board consisting of

A chairman,

5 Members to represent the government,

2 Persons who are members of local authorities,

3 Persons to represent the interests of fisheries and agriculture, and

2 Persons representing state-owned companies, and

A secretary.

Section 17 governs the functions performed by the State Board. The State Board performs similar functions to the Central Board in their respective territories.

As per Section 19 and 20, State Boards have power to pmit the territorial jurisdiction of any order passed by them relating to water pollution. The State Board has the power to inspect land, conduct surveys, or gauge in an area for the purpose of preventing water pollution. Sections 21 to 27 provide for other powers that a State Board may exercise for the prevention and control of water pollution.

Joint Board

Section 14 provides for the setting up of a Joint Board when an agreement has been entered into between two state governments or between the Central Government and a Union Territory. The Joint Board has its composition in accordance with Section 14 of the Act.