Month: July 2021

Applications are invited for the post of Law Officers for the High Court of Madras and its Branch at Madurai from the eligible Advocates or candidates.

No. of Posts

Name of the Post	Total No. of Vacancy
Additional Advocate General	9
State Govt. Pleader	1
Government Pleader	1
Special Govt. Pleader	33
Additional Govt. Pleader	55
Govt. Advocate (Civil Side)	71
Govt. Advocate (Criminal Side)	29
Govt. Advocate (Taxes)	3

Last Date to Apply

29/07/2021

Eligibility Criteria

A. Maximum Age Limit

Must not have completed 60 years in respect of Additional Government Pleader and Government Advocates (Civil/Criminal/Taxes). There is no age limit in respect of Additional Advocate General/ State Government Pleader/ Government Pleader and Special Government Pleader.

B. Educational Qualification

A degree of Bachelor of Law from a University incorporated by an Act of Central or State Legislature in India or other educational institutions established by an Act of Parliament or declared to be deemed as a University under section-3 of UGC Act, 1956 or possess an equivalent qualification.

C. The Applicant must be:-

1. Citizen of India;
2. Registered with a Bar Council under The Advocates Act 1961

D. Should have standing as a practicing advocate for the number of years mentioned against each category below

1. Additional Advocate General: As an advocate having practice of not less than ten years, Out of which a minimum of not less than seven years in the High Court.

2. State Government Pleader: As an advocate having practice of not less than ten years, Out of which a minimum of not less than seven years in the High Court.

3. Government Pleader: As an advocate having practice of not less than ten years, out of which a minimum of not less than seven years in the High Court.

4. Special Government Pleader: As an advocate having practice of not less than ten years, out of which a minimum of not less than seven years in the High Court.

5. Additional Government Pleader: As an advocate having practice of not less than seven years, out of which a minimum of not less than five years in the High Court.

6. Government Advocate (Civil side / Criminal Side/ Taxes): An advocate having practice of not less than five years, out of which a minimum of not less than three years in the High Court.

How to Apply

1. The applicants shall send or give their application (Application form can be downloaded from the website http://www.tn.gov.in under “Announcements”) through Registered post or in person to the Secretary to Government, Public Department, Secretariat, Chennai 600 009 by 29.07.2021 before 5.45 PM.

2. The envelope should be superscribed as “Application for the post of Additional Advocate General/State Government Pleader/ Government Pleader/Special Government Pleader/ Additional Government Pleader/ Government Advocate (Civil Side / Criminal Side / Taxes)(as applicable)”. The application received after the due date/time will summarily be rejected.

Applications must Include

The applications submitted must indicate and include.

(a) A detailed bio-data/ CV containing the educational qualifications of the applicant (along with self-attested copies of such certificates), particulars of previous jobs held/work experience, notable/reported cases argued/handled, panels/ assignments previously/currently held.

(b) A letter from a Senior of 25 years experience or from a recognized Bar or Advocates Association of the High Court to establish the minimum practice required for the post applied.

(c) A self-attested copy of the registration certificate of the applicant with the concerned Bar Council.

Other Terms & Conditions

(a) the appointment shall be purely on a contractual basis and shall be for such term as may be determined by the Government. The Government Law Officers selected for appointment will be paid retainer fee and other fees as per Rules In force.

(b) the appointment can be terminated and t the Government Law Officer is liable to be removed from the office at any time without assigning any reason, by giving one month notice or on payment of one-month retainer fee in lieu of such notice;

(c) the applicant shall make no claim towards regularization of such appointment;

(d) incomplete application will not be entertained in any case and the right to reject the same stands reserved;

(e) if the information furnished by the Applicant is found to be false at any stage, the application shall stand rejected forthwith and if found at later stage, his appointment will be terminated forthwith.

(f) this advertisement, the process and the appointment of the applicant, (if any) are governed by the provisions of the Law Officers of High Court of Madras and its Bench at Madurai (Appointment) Rules, 2017 and related provisions.

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Elevate is changing the way legal support services are delivered and we are looking for creative, innovative people who can help.  If you are a client-focused professional who wants your creative and innovative ideas to make a difference, Elevate’s team of legal service experts could be the right fit for you.

Responsibilities & Qualifications

Specifically, you will

• Review contracts
• Extract the metadata terms from contracts
• Process contracts via CLM system
• Ensure quality of work as per required parameters
• Responsible for doing First level review of Contract documents and QC
• Assess own performance and take accountability for own actions
• Communicate effectively with other team members

Experience

• 1 to 2 years of experience in the legal domain with at least 1 plus of experience in reviewing and abstracting commercial contracts  
• Experience working in a growing, fast-paced organization with a dynamic environment legal process outsourcing experience preferred
• Excellent track record in previous client support/customer service engagements
• Experience working directly with a US or UK client
• Experienced in Microsoft Products like Excel, Word, PowerPoint, SharePoint
• Experienced in contract management software, i.e. Ariba, Icertis etc.

Skills for Success

• Proven ability to work in a client-centric, deadline driven environment
• Have excellent customer service skills with a keen eye for detail and commitment to quality
• Ability to effectively communicate
• Ability to analyze and organize work for maximum efficiency
• Excellent interpersonal skills, focused on supporting your client’s needs
• Ability to present well on the phone and in virtual conference calls
• Understand how to make processes more efficient

Qualifications

• LL.B. (LL.M. is a plus)

Company Information

Elevate is the Law Company. We provide consulting, technology and services to law departments and law firms. The company’s legal, business and technology professionals extend and enable the resources and capabilities of customers worldwide. Elevate’s achievements and distinctions include:

• Winner of the American Lawyer Industry Awards Best Alternative Legal Services Provider of the Year 2019
• Winner of British Legal Awards Alternative Service Provider of the Year 2019
• Winner of the IACCM Innovation and Excellence Awards 2019 – Outstanding Service Provider (Americas and Global)
• Ranked as a Top Global Services Provider by Chambers & Partners five years in a row

Link to Apply

https://careers3-elevateservices.icims.com/jobs/1627/associate—legal/job?mode=job&iis=Job+Board&iisn=LinkedIn&mobile=true&width=360&height=646&bga=true&needsRedirect=false&jan1offset=330&jun1offset=330

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VKJ Law Offices of Vinay K. Jain is hiring Legal Associate for drafting work pertaining to litigation; filing and appearance before the Hon’ble High Court of Chhattisgarh, and other forums, tribunals and commissions.

Job Profile

Drafting, filing litigation documents.

1. Appearance in High Court, tribunals, commissions and other forums.
2. Responds effectively to daily client queries and meeting clients expectations.
3. Engages with the client and manages the matter on day-to-day basis.
4. Actively involves in research work.
5. Produces detailed and accurate work, maintaining an overview of the matter.
6. Applies knowledge to client situations to develop practical advice.
7. Makes sensible use of precedents in drafting documents.
8. Checks his/her understanding with others and challenges where appropriate.
9. Demonstrates and shares technical skills, knowledge and experience in his/her own areas of expertise.

Link to Apply

https://docs.google.com/forms/d/e /1FAIpQLSdCbT83rrfMHj_tRSAop8ZKsSyilf7e _wyj3VnqVgFkP9zQqA/viewform

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SoftwareONE is a leading global provider of end-to-end software and cloud technology solutions, headquartered in Switzerland. With an IP and technology-driven services portfolio, it enables companies to holistically develop and implement their commercial, technology and digital transformation strategies. This is achieved by modernizing applications and migrate critical workloads on public clouds, while simultaneously managing and optimizing the related software and cloud assets and licensing. SoftwareONE’s offerings are connected by PyraCloud, its proprietary digital platform, which provides customers with data-driven, actionable intelligence. With around 7,700 employees and sales and service delivery capabilities in 90 countries, SoftwareONE provides around 65,000 business customers with software and cloud solutions from over 7,500 publishers. SoftwareONE’s shares (SWON) are listed on SIX Swiss Exchange. For more information, please visit https://www.softwareone.com/e.

SoftwareONE Holding AG, Riedenmatt 4, CH-6370 Stans

The role

For the expansion of LSSC – to extend support to Sr. Legal counsels across globe.

• Draft/ review the licensing agreement/ vendor agreement/ lease agreement etc
• Maintaining the database/ MIS of all the contracts executed through the local legal team
• Drafting and reviewing licensing agreements/ vendor agreement/ lease agreement etc .
• Day to day legal documentation and contract management.
• Coordination with external/ local lawyers and consultants.
• Support legal counsel in related assignments

What we need to see from you

• Fluent in English and Hindi. Any other language skills would be an asset.
• Hands-on experience with drafting, preparing and reviewing contracts.
• Excellent communication skills.
• Bachelors’ degree in LAW
• Good knowledge of and affinity with contract law

Link to Apply

https://careers-softwareone.icims.com/jobs/11268/legal-associate/job?mode=job&iis=Job+Board&iisn=LinkedIn&mobile=true&width=360&height=646&bga=true&needsRedirect=false&jan1offset=330&jun1offset=330

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-Report by MANASWA SHARMA

On July 5, the Delhi High Court, composed of Judge Sanjeev Narula, ruled that it was inappropriate to intervene in the ruling unless there were grounds for allegations of deliberate misconduct and prejudice against scholars. The arbitrator and the court found that if the court does not interfere with such a decision, the well-trained arbitrator will review all the documents in the minutes of the meeting very methodically and evaluate the evidence provided by both parties before concluding.

FACTUAL BACKGROUND

The motion attempted to set aside the arbitration award under Article 34 of the Arbitration and Mediation Act 1996. The sole learned arbitrator acknowledged the claim of the defendant Saptrishi Builders Private Limited (abbreviated as SBPL) and 1,30,02,314.13 rupees with interest on the date of award During the month, Veg Sanchar Vihar Cooperative Group Housing Society Ltd.’s interest was 12% of the prescribed amount. (VSV for short) has appointed SBPL as the contractor for 68 apartments. In Dwarka 6, District 19-B, New Delhi, under the tariffs and conditions stipulated there, SBPL stated that it had performed work under the specifications stipulated in the contract, but VSV refused to pay for the contract. SBPL had previously seen a legal notice dated July 14, 2010, went to the arbitration, and asked VSV to approve the appointment of Mr. P. Bhatia (colleague engineer) as the arbitrator. Controversial decision.

LAWSUIT OF THE APPLICANT

SAAM’s lawyer, Mr. V. V. Gautam, stated:

• The appointment of learned arbitrators allegedly violated Article 43 of the contract, which stipulates that arbitrators must be learned officials. From the Institute of Engineers (India) or Institute of Architects (India). The sole arbitrator, Mr. Vivekanand, did not meet any criteria, so his appointment should be invalid.
• Some people think that because of the subject matter contained in Articles 20-27 (except for Article 25), it does not fall within the scope of arbitration under Article 42(a). The arbitration will only be resorted to after the procedures in paragraph 42 have been implemented.
• It was argued that since the construction project, the quality, quantity, and quality of the materials used, as well as the invoices, have been overdue. 27 They are supervised and protected. The statement of the responsible arbitrator is unfounded and is deliberately disadvantageous to SAAM.

DEFENDANT’S ACTION:

SBPL Attorney, Shekhar Nanavaty made the following argument:

• It has been alleged that the arbitrator was appointed by this court under Article 11 of the Act at the request of the SBPL and therefore cannot currently be appointed to be questioned.
• It was further argued that at the time of appointment or according to Section 13 of the Act, no objections had been raised before the Scientific Arbitrator. No document was recorded demonstrating fraud or forgery by the Referee.
• It was further alleged that the learned arbitrator, after examining the competing allegations and evidence, approved a well-reasoned award that was free from weakness or illegality and should therefore not be interfered with by this court.

REASON’S AND JUDGEMNET OF THE COURT

The honorable court made the following determination:

• The arbitration is fully justified and corresponds to the contractual scheme. There is no contradiction to clause 42 of the contract. and the objection raised on this basis is untenable.
• The conclusions and reasoning of the experienced arbitrator based on the allegations and evidence are reasonable and cannot be objected to once the final invoice has been received. Therefore, the court found no merit, viz. Falsification or fraud in connection with the final invoice.
• The SAAM’s argumentation is not only vague, but it is also completely wrong and legally untenable. After carefully examining the documents, the scientific arbitrator awarded the amount in favor of the SBPL. In the light of the foregoing, the Court of First Instance found the present petition neither to be justified nor to have grounds capable of prejudice to the contested award.

The Bombay High Court on Wednesday ordered the Federation of Indian Pilots to provide more information about the number of pilots who participated in the Vande Bharat Mission and other similar missions so that the Court can consider their claim for compensation for services rendered during the COVID-19 pandemic.

Senior Advocate Prasad Dhakephalkar said that Federation pilots were participating in the Central Government’s Vande Bharat Mission (VBM) and Air Bubble missions, which were used to evacuate stranded individuals from overseas and for the transportation of life-saving medicines. He submitted the report that COVID took the lives of roughly thirteen senior pilots, with some of them also suffering from long-term effects due to which they had lost their pilot license.

Chief Justice Dipankar Datta and Justice GS Kulkarni said that before they could evaluate the prayers of the petitions, they needed further information about the pilots. “We’d like facts and numbers, such as the number of pilots and which airline they work for, their salary and benefits, and how many flights were part in the Vande Bharat Mission or similar missions.”

They postponed the matter’s hearing for two weeks to give the Federation time to file an additional affidavit with these details. The Federation filed public interest litigation (PIL) requesting that the Maharashtra government and the Central government, through the Ministry of Civil Aviation, develop a policy or program providing adequate pay to pilots who were giving emergency services. The Federation also requested that the Ministry issue instructions to develop a comprehensive insurance policy that would cover all pilots. It was also suggested that the Ministry develop a special class of COVID first responders known as ‘Air Transportation Workers’ to receive priority in the vaccines. Finally, the Federation sought perks that could be granted to pilots, such as family employment to the family member of the pilots who succumbed to COVID.

The matter will be heard again after two weeks.

-Report by Eshan Sharma

Recently a hashtag was trending on the Twitter page stating that most of the positive cases of coronavirus were found from Tablighi Jamaat Nizammudin in Delhi which is the reason for the massive spread of coronavirus, by attaching the Muslim community in the tweets by highlighting the term #Islamiccoronavirusjihad. Concerning this, a plea was brought down under the SC by Advocate Khaja Aijazuddin who appeared as the petitioner. This case was heard by Chief Justice of India NV Ramana.

As we all know that previously in our country so many controversies were held against the Muslim community, and this shouldn’t be happening in our country, as we are living in a diverse society, united together with all the religious communities. It is our right and responsibility to take care of our nation. But irrespective of this our nation is completely down due to the conflicts happening by the religious community.

In contrary to this CJI asked the petitioner that “already people are forgetting these issues, you want to rake them up again?” so the main issue of this plea by the petitioner is, in this pandemic situation the social media should deliver positive news content to the society rather spreading the hate message against the religious community and hurting the religious feelings and belief of the community. And the petitioner asked the court to direct the government to frame particular guild lines under the IT Act of 2000 about the hate message delivered on Twitter and asked the court to restrain these types of messages in social media.

Regarding this issue, the petitioner prayed under Telangana HC, then moved to the apex court since the court does not entertain his matter. Then the court implied on this matter and adjourned the matter for a week and asked the petitioner to read new IT rules where the petitioner contended that the new IT rules do address the issue of communal propaganda in social media where there exists a new rule of IT Act 2021 as it already takes care of it.

-Report by AJISHA

About

IMS Noida, established in 1998, is a premier management institute known for its academic excellence and value-based education. It provides management education to both fresh graduates seeking world-class management education and also to those who are already employed and want to enhance their managerial skills. IMS also has collaborations with several Universities overseas and seeks to imbibe a global mindset in its students. There is also a strong focus on research and IMS encourages its faculty and students to undertake consultancy projects with corporate.

No. of Vacancies

Assistant Professor- Law ( Must have done LLM- 2 years course)

Educational Qualifications 

MASTERS in relevant branch with First Class , Phd awarded, UGC net qualified

Minimum Experience

2-4 years of relevant teaching experience after Masters

Roles and Responsibilities

• Develop and implement innovative instructional methods.
• Identify, choose and implement different teaching methods for all students with various educational backgrounds
• Transfer to students theoretical information, practical skills, methods and technique
• Guide, lead and mentor students in research projects.
• Evaluate, monitor and mentor student academic progress.
• Create, innovate and implement career-enhancement programs and activities.
• Participate in departmental and college activities.
• Assess, review and evaluate student activities and progress

How to Apply 

Interested candidates can share their updated CV and photograph at career@imsnoida.com and mention the name of the post-Assistant Professor and Subjects applied in the subject line.

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INTRODUCTION

India was under British rule for almost 200 years. The foundation of independent India was followed by the necessity for an adequate governance system that was both indigenous in origin and acceptable and sensitive to the requirements and customs of the diverse forms of castes, classes, religious, and linguistic communities it was attempting to unite. 

Initially, the Doctrine of pleasure took its birth in England. This Doctrine says that the civil servants of the country hold office for the pleasure of the Crown. The Crown has the ascendancy to terminate any civil servant if he wishes to, without sending them any notice, assigning any cause, and without there being any need of a reason. Therefore, it can be said that the civil servants do not have any fixed tenure, and the Government has absolute discretion in exercising this power. But, in India, it’s a little different, although this Doctrine has significant English influences. India does not grant the executive the unfettered and absolute power to expel any civil servant based on his will.

Doctrine of Pleasure under Indian Constitution

The Doctrine of Pleasure is embodied under section 310 (1) of the Indian Constitution. It says that every member of the defence service or a civil service of the Union or an all India, or of a civil service of the same, or who holds any post connected with defence or any civil post under the Union serves at the pleasure of the President, and every member of a civil service of a State or who holds any civil position under a State serves at the pleasure of the Governor of the State.

The Doctrine is not at all absolute in India and is subject to constitutional provisions. The following does not come under the operation of this Doctrine;

1.      Judges of the Supreme Court;

2.      Judges of the High Courts;

3.      Chief Election Commissioner; and

4.      Comptroller and Auditor General of India.

Civil servants may also be exempt from the application of this Doctrine because they are provided specific protection under Article 311, and so the Doctrine’s application may be limited to them.

Article 311 – A person who is a member of the Union’s civil service, an all-India service, or a State’s civil service, or who holds a civil post under the Union or a State, may not be dismissed or removed by an authority that is subordinate to the one that appointed him.

By granting these protections to civil servants, the public’s faith in the civil service is maintained. Civil servants have the assurance that they can carry out their duties honestly without fear of being removed from their position unjustly or unlawfully under this theory. 

Article 311 provides constitutional protections for government employees, although not all government employees have access to them. Members of the Union’s civil services or a State’s all-India service who holds a civil job under the Union or a State is referred to in this article.

In S.L. Agarwal (Dr.) v. General Manager, Hindustan Steel Limited, the constitution bench of the Supreme Court considered who is entitled to the protection of Article 311. They are – 

Persons who are members of – 

Civil service of the Union, or

An all-India service, or

Civil service of a state

Exceptions of Doctrine of Pleasure

There are certain exceptions to this Doctrine in the Indian context. Those who don’t fall under this Doctrine are as follows:

·         Judges of the Supreme Court

·         Judges of the High Court

·         Chief Election Commissioner

·         Comptroller and Auditor General of India.

·         A member of the Public Service Commission

^[i]CASE LAWS

State of Bihar v Abdul Majid

In the case of the State of Bihar v. Abdul Majid, the Supreme Court of India refused to observe this tenet of the Doctrine of Pleasure. In this case, a police sub-inspector was dismissed from service due to cowardice but was later reinstated. The Government, on the other hand, challenged his claim for salary arrears for the period of his dismissal. In this instance, the Supreme Court upheld his claim for salary arrears based on contract or quantum muruit, i.e. for the value of the service rendered.

Union of India v Balbir Singh

The Supreme Court ruled that the Court can investigate the circumstances surrounding the President’s or Governor’s satisfaction. If the Court determines that the events have no influence on the security of the state, the Court may conclude that the President’s or Governor’s satisfaction, which is essential for granting such an order, has been tainted by utterly extraneous or irrelevant considerations.

Jaswant Singh v. the State of Punjab

In Jaswant Singh v. the State of Punjab, the Supreme Court held that despite Article 311(3)’s finality, its “finality can certainly be tested in a court of law and interfered with if the action is found to be arbitrary or malafide or motivated by extraneous considerations or merely a ruse to avoid the inquiry.”

Shyam Lal Vs. State of Uttar Pradesh

The Supreme Court held in Shyam Lal Vs. State of Uttar Pradesh that compulsory retirement differs from dismissal and removal because it has no legal consequences, and a government servant who is compulsory retired does not lose any of the benefits earned during their service, so it does not fall under Article 311.

Restrictions of the Doctrine of Pleasure in India 

·         If the termination is arbitrary, the contract between the public servant and the executive can be enforced.

·         The action was taken while using the power conferred by this Doctrine under Article 310 cannot be challenged as infringing on the servant’s fundamental rights. Articles 14, 15, and 16 guarantee that the theory cannot infringe on fundamental rights.

·         As previously stated, Supreme Court Judges, Auditor General, High Court Judges, Members of the Public Service Commission, and the Chief Election Commission are exempted from the Doctrine of pleasure under Article 310 of the Constitution (1).

·         In India, Article 311 places constraints on this Doctrine.

CONCLUSION

Since the Doctrine of Pleasure was borrowed from England, it was modified in the Indian context to fit the Indian social system. Because of the authority of judicial review, the judiciary plays a crucial role in this philosophy.

Thus, it can be said that the Constitution’s makers were aware of the inconsistencies, such as corruption, that were creeping into the civil service at the time, and decided not to grant immunity from summary dismissal to dishonest or corrupt government employees, allowing them to continue in service for months at a time “at the public expense and to the public detriment.”

While England’s Executive Head is a Monarch, India’s Executive Head is elected through elections. As a result, the principle that “the King can do no wrong” does not apply to the Indian situation. Despite the intervention of the courts, the exceptions to the protection can still be misused. Henceforth rather than examining every incident of arbitrariness, it would be preferable if specific rules were specified that must be followed when these exceptions are granted. If these criteria are not followed, the dismissal may be deemed unconstitutional, allowing the injured party to receive prompt recourse.

With a slew of cases coming to light involving government officials’ corruption and the association of various government officials with anti-social elements, Articles 310 and 311 of the Indian Constitution, observed in Part XIV, act as a check and prevent government officials from making a mockery of the law. 

REFERENCES – 

http://www.legalserviceindia.com/article/l253-Doctrine-of-pleasure-and-its-proviso-article-311-of-Indian-Constitution.html

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^[i] State of Bihar v Abdul Majid –  1954 AIR 245, 1954 SCR 786

Jaswant Singh v. State of Punjab – 1958 AIR 124, 1958 SCR 762

Shyam Lal Vs State of Uttar Pradesh – AIR 1954 All 235

This article is written by Shruti Bose, a student of Christ (Deemed to be University), Lavasa

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INTRODUCTION

“Water is life’s matter and matrix, mother, and medium. There is no life without water.”

The most graceful gift of God is Water. It constitutes more than 70% of our mother earth. It may sound that it’s a copious amount, and there can’t be any water shortage any day. But unfortunately out of the 70% of water only 3% can be consumed, so it must be used judiciously. Earth’s water is finite, i.e., the amount remains the same, but the question arises about its purity, whether it has been the same all along.

Water is a unique substance which supports and cherishes all form of life on this planet. Without water, Earth would have been nothing less than a dead plant. UNDP has defined water as ‘the stuff of life and a basic human right.’ That’s why it’s more the reason to monitor its quality and work towards improving it. To achieve this, policies and actions that are aggressive, positive, and timely are required. The world has a moral obligation to ensure that future generations inherit Earth with clean water and a healthy environment.

Management of Water in India

In view of the critical importance of water for human and animal life, ecological balance, and economic and developmental activities of all kinds, as well as its growing scarcity, water resource planning, and management, as well as its optimal, economical, and fair usage, has become a top priority.

 Water Governance and Sustainable Water Management

Water is also vital to people’s livelihoods, notably agriculture, which is still the primary source of income for most people. Simultaneously, it must be controlled in a way that prioritizes its conservation and preservation in the short and long term for human uses to continue to be sustainable. This poses a significant challenge in a context where water regulation has primarily been conceived around either the state’s dominance as the actor in charge of all water for “public purposes” or individual landowners’ unrestricted control over groundwater found beneath their land, even at the expense of other landowners’ similar use.

Urban Water management 

The majority of Indian cities are water-stressed, with no town having a constant supply of water. The Ministry of Urban Development (MoUD) estimates that 182 cities require immediate attention in terms of proper water and wastewater management. According to official figures, sanitation coverage has grown, but resource sustainability and slippages are still relatively common. 

Furthermore, in cities with populations of more than one million people, the official water supply after 35 percent leakage is only 125 litres per day per capita, far less than the demand of 210 litres per capita. Wastewater management has become a serious concern since infrastructure construction and regulations have not kept pace with population growth and urbanization. Although the government has made tremendous efforts to prevent surface water contamination, the lack of wastewater treatment continues to jeopardize these efforts. A total of 160 million latrines and septic tanks contribute 80% of the pollution of the country’s surface waters.

While enacting comprehensive federal water legislation is not a must for ensuring that water law achieves its social, human rights, and environmental aims, it would be an appropriate point to start to ensure proper water resource management and conservation.

Water Laws in India

• Water Management Act.

The legal status of water and water estate, the methods and conditions of water management (water use, water protection, regulation of watercourses, and other water bodies and protection from adverse effects of water), the method of organizing and performing water management tasks and functions, and the primary conditions for carrying out water management activities are all regulated by this Act.

• Water Prevention and Control of Pollution Act, 1974

 The primary goal is to prevent water pollution, provide for the preservation of water bodies, and carry out activities that encourage water restoration. The Central Pollution Control Board and the State Pollution Control Board were established by the federal and state governments, respectively, with the goal of putting this Act into practice. The Central Pollution Control Board is responsible for ensuring the purity of streams and wells throughout the state. The Central Pollution Control Board has the authority to advise the federal government on a variety of issues relating to water pollution prevention and control.

• Damodar Valley Corporation Prevention of Water Pollution Act, 1948

Since time immemorial, the Damodar Valley has been one of the most prosperous river basins in the country. Damodar Valley Corporation was founded with the goal of monitoring the valley’s operations. This river receives 80 percent of its garbage during the monsoon season, which includes waste from mines and industry. The agricultural industry had changed since the formation of this Cooperation. The percentage of land used for agriculture fell from 59 percent in 1925 to just ten percent in 1984. During that time, the mining sector had become a necessity. The effluents from these mines were discharged into this river, and it resulted in water contamination.

• The IPC and Pollution

Provisions have explicitly been made down in Indian criminal law to punish a person who commits an infraction in violation of the Code.

Section 277 of the Code stipulates that anyone who knowingly fouls a public reservoir or a public spring is liable to a three-month jail sentence, a fine of 500 rupees, or both.

Case Laws

1.      The Supreme Court ruled in State of Himachal Pradesh v. Umed Ram Sharia that everyone has the right to life as enshrined in Article 21 of the Constitution, that he also has the right to his life under Article 21, and that this right encompasses not only physical existence but also the quality of life.

2.      In Subhash Kumar v. the State of Bihar, the Supreme Court ruled that the right to life “includes the right to enjoy pollution-free water and air for full enjoyment of life.” 

3.      In the Sardar Sarovar case, the Supreme court directly derived the right to water from Article 21. It declared, ‘Water is a basic need for human survival and is part of the right to life and human rights embodied in Article 21 of the Indian Constitution.  While the courts have unanimously endorsed a fundamental right to water, its implementation through policies and laws has not progressed as far. 

CONCLUSION

Despite the fact that the Parliament has approved numerous acts to combat water pollution, there is still a pressing need to protect our streams, reservoirs, rivers, and lakes. Water projects have the potential to make a significant difference in the lives of disadvantaged people, especially rural women, and small farmers. Governments play an essential role in rural development and resource management, and they will continue to do so in the future. Governments establish the legal, legislative, and institutional frameworks that govern the management of water resources and the economic and social development of rural communities.

In the last couple of decades, a more concerted attempt has been made to change water law. This is based on a relatively narrow set of ideas intended to guide the evolution of water law in general. This is intended to make water legislation more pertinent for the issues that the water industry faces in the twenty-first century.

References:

1. http://jalshakti-dowr.gov.in/policies-guideline/policies/national-water-policy
2. https://indiankanoon.org
3. http://www.legalservicesindia.com/article/1865/Management-of-Water-and-Water-Laws-In-India.html
4. http://www.legalserviceindia.com/article/l420-Water-Management.html
5. https://www.mondaq.com/india/waste-management/624836/environment-laws-in-india
6. https://blog.ipleaders.in/water-laws/
7. https://www.indiawaterportal.org/articles/policies-and-laws-related-water-bodies-water-pollution-and-regulation-collection
8. https://vikaspedia.in/energy/policy-support/environment-1/water/acts-related-to-water-resources
9. https://www.researchgate.net/publication/312525643_Water_Management_Problems_and_Challenges_in_India_An_Analytical_Review
10. https://www.indiawaterportal.org/articles/policies-and-laws-related-water-bodies-water-pollution-and-regulation-collection

This article is written by Devraj Singh, a student of Christ University

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