M.K BALAKRISHNAN & OTHERS versus UNION OF INDIA & OTHERS

M.K BALAKRISHNAN & OTHERS versus UNION OF INDIA & OTHERS

Preserving and restoring water bodies such as wetlands, ponds, tanks, and lakes is a constitutional obligation linked to the right to life under Article 21. Both Central and State Governments are directed to take active measures for conservation and scientific management to address water shortages and environmental degradation. The Court also expands the petition’s scope suo motu to broader water conservation issues, calling for scientific research and governmental coordination.

Parties
Petitioner: M.K. Balakrishnan & Others; Respondent: Union of India & Others
Jurisdiction
India
Judgment Date
26 March 2009
Procedural Posture
Writ Petition (civil) / Order on Interlocutory Directions and Further Notice
Outcome
Interim directions issued; matter adjourned for further hearing.
Legal Topics
Protection of Wetlands, Water Conservation, Right to Life Under Article 21, Suo Motu Expansion of Writ Scope
Environmental Law Constitutional Law Protection of Wetlands Water Conservation Right to Life Under Article 21 Suo Motu Expansion of Writ Scope

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Parties

M.K. Balakrishnan & Others

Petitioner

Union of India & Others

Respondent

Procedural Posture

Writ Petition (civil) / Order on Interlocutory Directions and Further Notice

Legal Issues

  1. 1 Whether there is a constitutional or statutory obligation on authorities to preserve wetlands and water bodies for environmental protection and public benefit
  2. 2 Scope of Article 21 regarding the right to water and environmental conservation

Ratio Decidendi

Preserving and restoring water bodies such as wetlands, ponds, tanks, and lakes is a constitutional obligation linked to the right to life under Article 21. Both Central and State Governments are directed to take active measures for conservation and scientific management to address water shortages and environmental degradation. The Court also expands the petition’s scope suo motu to broader water conservation issues, calling for scientific research and governmental coordination.

Court Disposition

Interim directions issued; matter adjourned for further hearing.

Orders

  • Notice issued to Secretary, Ministry of Science and Technology, Union of India to file counter affidavit on measures to address water shortage and implement recommendations from State of Orissa v. Government of India.
  • Notice issued to the newly added States.