In Re: 2 Million Lives at Risk, Contamination in Jojari River, Rajasthan 2026 INSC 316 -Fundamental Right To Access Clean Drinking Water
The right to access clean drinking water is an integral facet of the right to life under Article 21 and cannot be compromised on account of administrative inaction or environmental neglect.
Constitution of India - Article 21 - The right to access clean drinking water is an integral facet of the right to life under Article 21 and cannot be compromised on account of administrative inaction or environmental neglect. The State is, therefore, under a constitutional obligation to take immediate and effective measures to restore contaminated water sources, prevent further pollution of groundwater, and make adequate and sustainable arrangements for the supply of potable water to the affected areas, so as to safeguard public health and uphold the fundamental rights of the residents.(Para 52) [Context: The Supreme Court, in a suo motu writ concerning massive pollution of the Jojari, Bandi and Luni river systems in Rajasthan, finds grave and continuing environmental degradation caused by sustained regulatory failure, illegal industrial discharges, and inadequate sewage treatment, severely impacting water, soil, public health, and livelihoods. It endorses and elevates the directions of a High‑Level Ecosystem Oversight Committee, and issues extensive interim directions for upgradation and strict operation of CETPs/STPs on Zero Liquid Discharge principles, sealing of all illegal discharge points, closure and prosecution of violating industries, restoration of the natural river course, strengthening of oversight bodies, and provision of safe drinking water. The Court also directs reconstitution of remediation committees, considers creation of an environmental restoration and compensation fund, calls for a Multi‑Disciplinary Expert Assessment Panel, and requests the Rajasthan High Court to establish Special Courts in Jodhpur, Pali and Balotra for speedy trial of environmental offences]
Case Info
Here’s the structured information from the judgment you shared:
Basic Case Details
Case name:In Re: 2 Million Lives at Risk, Contamination in Jojari River, Rajasthan
Neutral citation:2026 INSC 316
Coram (Bench):Justice Vikram Nath and Justice Sandeep Mehta
Date of judgment/order:18 March 2026 (see PDF title and closing line: “NEW DELHI; MARCH 18, 2026.”)
Caselaws and Citations Referred
The judgment explicitly cites:
- State of Karnataka v. State of Andhra Pradesh, (2000) 9 SCC 572(quoted at para 51 on the importance of water and the National Water Policy, 1987)
It also refers to prior related orders in this very matter:
- 2 Million Lives at Risk, Contamination in Jojari River, Rajasthan, In re, 2025 SCC OnLine SC 2518 (order dated 21 November 2025)
- NGT final order dated 25 February 2022 in the Jojari/Bandi/Luni river pollution matter
- NGT order dated 26 May 2017 (limited permission for tanker-based transport of effluents)
- RSPCB order dated 22 February 2019 regarding HRTS at Khed (Old)
Statutes / Laws Referred
The judgment is grounded in:
- Constitution of India – especially Article 21 (right to life, including right to clean water and a pollution‑free environment; repeatedly invoked as the constitutional basis for directions).
- Code of Criminal Procedure, 1973 – Section 133 (used by district authorities in Pali against illegal effluent discharge/tanker operations).
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