An Analysis of Water Governance in India: Problems and Remedies

Abstract

The availability of water is a basic element to human life, economy and political strength of any country and
thus sustainable water management is vital for national development. Administering water and achieving Integrated
Water Resources Management (IWRM) for sustainable use and economic development is both a technological and a
governance test. The competence to make these changes, therefore, depends on transformation in water governance. This
study seeks to analyze the existing mechanism of Water administration at center and state level, the constitutional status
of water, draft National Water Framework Bill – 2016 and National Water Policy – 2012, and the judgments of High
courts and Supreme Court of India to draw meaningful inferences. Results reveal that the country has a good
administrative set-up to deal with the water resources sector but owing to present day needs the constitutional status of
water must change. The legal status of Right to Water can have an immense impact on the way this precious resource is
being governed. It is, therefore, necessary that the central government by means of Constitutional amendment explicitly
incorporates Right to Water as Fundamental Right of every citizen and also includes the water in either the Union List
(List-I) or the Concurrent List (List-III). The Laws framed by the center ought to be mandatory for states and not
recommendatory. The policies of the state shall not only focus on regulations, licences, restrictions, and penalties but
also on knowledge dissemination to help, guide, influence and coordinate the public water use. Public and stakeholders’
participation at all levels ought to be made integral to all water administration.