A Comprehensive Analysis of the Groundwater Legislation in India:
The Problems, Case Studies, Existing Legislation And Constructive Criticism
Keywords:groundwater, jurisprudence, resources, model bill
Regulating Groundwater resources has always posed a major challenge to the Indian Government and Judiciary due to the contradicting jurisprudence and legal loopholes that prevent the creation of effective Legislation. This paper aims at studying this jurisprudence and providing constructive suggestions towards effectuating a sensible means of regulation. The First Section of this paper introduces the importance of groundwater resources. The Second Section aims at analysing the issues with relation to the enforceability of groundwater rights within the Indian Framework. The Third Section of this Paper aims at studying the longstanding debate between a policy and a legislation and aims at reinforcing the importance of creating a groundwater legislation instead of a mere policy. The Fourth Section of this paper studies and analyses the issues with current systems of regulation in India. The next Section of the Paper provides an independent analysis and comprehensive criticism of the Model Bill for Groundwater Legislation floated by the Central Government in 2011. Through the Paper, constructive suggestions are provided towards instituting a systematic regulatory process within the nation, and provides constructive steps to its development, with the Conclusion summarising the applicability and steps this paper suggests.