CLAT-2027 Blog

NGT Directs 28 States to Curb Arsenic and Fluoride in Groundwater — A Constitutional Right-to-Water Deep Dive

Source: Deccan Chronicle

CURRENT AFFAIRS | 24 APRIL 2026

CLAT GK + ENVIRONMENT + CONSTITUTIONAL LAW — RIGHT TO WATER

On 17 April 2026, the principal bench of the National Green Tribunal, headed by Chairperson Justice Prakash Shrivastava with expert members A Senthil Vel and Afroz Ahmad, passed a suo motu direction impleading 28 states and UTs to urgently mitigate arsenic and fluoride contamination in groundwater. The Tribunal noted that Bihar alone reports arsenic in 4,709 wards and fluoride in 3,789 wards; Uttar Pradesh has 16 districts affected by each contaminant; West Bengal has installed 1,500 community water purification plants; and UP reports over 80% household coverage under Jal Jeevan Mission. Karnataka flagged 20 arsenic-contaminated villages and 2,083 fluoride-contaminated villages.

The Tribunal directed adoption of filtration, ion-exchange and reverse osmosis (RO) remedial options and asked the Central Ground Water Authority (CGWA) to regularly monitor state action. Chronic arsenic exposure causes pigmentation, keratosis and skin cancer (Group 1 carcinogen per WHO); chronic fluoride ingestion causes dental and skeletal fluorosis.

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Key Facts at a Glance

Particular Detail
Order Date 17 April 2026 (suo motu)
Bench J. Prakash Shrivastava + A Senthil Vel + Afroz Ahmad
States Impleaded 28 states/UTs
Bihar Burden 4,709 arsenic wards; 3,789 fluoride wards
WB Response 1,500 community water purification plants
Monitoring Body Central Ground Water Authority (CGWA)

Constitutional Framework

  • Article 21 — Right to life includes right to safe, potable drinking water (Subhash Kumar v State of Bihar, 1991).
  • Article 47 (DPSP) — State’s duty to raise the level of nutrition and public health.
  • Article 48A (DPSP) — State to protect and improve the environment.
  • Article 51A(g) (Fundamental Duty) — Citizens to protect and improve the natural environment.
  • Article 253 — Parliament’s power to legislate for implementing international environmental treaties (Stockholm 1972, Rio 1992).

Statutory & Case-Law Scaffolding

  • NGT Act, 2010 — Section 14 — Jurisdiction over substantial questions relating to environment.
  • NGT Act, 2010 — Section 15 — Power to order relief, compensation and restitution.
  • NGT Act, 2010 — Section 20 — Sustainable development, precautionary principle, polluter-pays principle.
  • Environment (Protection) Act, 1986 — Section 3(3) — Source of CGWA’s statutory powers.
  • Water (Prevention & Control of Pollution) Act, 1974 — CPCB and SPCBs’ water-quality mandate.
  • Subhash Kumar v State of Bihar (1991) — Right to pollution-free water as part of Article 21.
  • MC Mehta v UoI (Ganga Pollution Case, 1988) — Absolute liability for polluters.
  • Vellore Citizens Welfare Forum v UoI (1996) — Adopted precautionary and polluter-pays principles into Indian law.

CLAT 2027 Perspective

Prime Legal Reasoning passage territory: a principles-and-facts question testing right to safe water under Art 21, the precautionary principle, and the polluter-pays principle. Current-affairs questions may target the bench composition, Bihar’s 4,709 wards figure, CGWA’s parent statute and Sections 14/20 of the NGT Act. Also strong cross-link with Jal Jeevan Mission (Har Ghar Jal) and Sustainable Development Goal 6 (clean water and sanitation).

Practice Quiz — 10 CLAT-Style Questions

Click an option to reveal the answer and explanation.

Quick answers

The NGT order of 17 April 2026 on arsenic and fluoride groundwater contamination was passed by a principal bench headed by:
Justice Prakash Shrivastava. Justice Prakash Shrivastava (Chairperson, NGT) with expert members A Senthil Vel and Afroz Ahmad passed the suo motu order involving 28 states/UTs.
The NGT was established under which statute?
National Green Tribunal Act 2010. The NGT Act, 2010 set up the Tribunal as a specialised forum for effective and expeditious disposal of environmental cases.
Which section of the NGT Act 2010 confers principal jurisdiction over substantial questions relating to environment?
Section 14. Section 14 vests the NGT with jurisdiction over all civil cases where a substantial question relating to environment is involved.
Which NGT Act provision codifies the sustainable development, precautionary and polluter-pays principles?
Section 20. Section 20 of the NGT Act 2010 mandates the Tribunal to apply sustainable development, precautionary principle and polluter-pays principle.
The right to safe drinking water was read as a facet of Article 21 in which landmark case?
Subhash Kumar v State of Bihar. Subhash Kumar v State of Bihar (1991) held that the right to pollution-free water and air is included in Article 21.
Which DPSP directs the State to raise the level of nutrition and public health?
Article 47. Article 47 (DPSP) directs the State to raise the level of nutrition, standard of living and improve public health.
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