Legal Question in Constitutional Law in India

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Kendra Prastha is a centrally administered territory in the Indian Union.The capital of this territory is the town of Kendranchal.It is located in the Bay of Bengal between India and Burma(Mynamar)and the topography of the island is generally hilly with heavy rain forests.Farming and fishing are the main industries of the indigenous people.The total area of island territory is 5,400 sq.kms.The literacy rate in territory is higher than the national average and the second highest in the country.Green Earth Environment Protection Society(GEEPS)is a registered Non Governmental Organisation formed by the indigenous tribes of Kendranchal.The objectives of the society are protection of environment and natural resources,creating environmental awareness among the people,prevention of environmental degradation,rehabilitation and resettlement of persons due to project implementation,naturalcalamites and the like.

Of late management of water resources is one of the serious problem that is agitating the minds of every one in our country more particularly the common man.The uncertainty of occurenceof rainfall combined with prolonged dry spell and fluctuation in seasonal and annual rainfall is ready a cause for concern in many parts of our country.The rainfall in southern partsof our country is not only in defict but also subjectto large variation,resulting in frequent droughts in the states of Rajasthan,Gujarat,AndhraPradesh,Karnataka and Tamil Nadu and causing immense hardshipto the public at large and enormous loss to the nation.In these states,the water availability even for drinking purposes become critical,particularly in the summer as rivers dry up the ground water recedes.Regional variations in the rainfall also lead to situations when some parts of our country do not have enough water even to raise a single crop.

On the food production,position at present is somewhat comfortable.The huge increase in food grain production has made us to become self-sufficient.Large scale of food production in our country is attributable exclusively to irrigation using river water and ground water.Presently the irrigated area is around 95 million hectare.Maintenance of self-sufficiency in food production to ensure food security in the years to come is all the more inevitable.Keeping in tune with expected increase in production in population,the food grain requriements needs to be revised adequately.The food grain requirements in the next 50 years is estimated to be around 2000-2300 million during the same period.This would eventually necessitate an increase in irrigation potential that could be created through conventional source of river water and ground water which has been assessed to be 160 million hectares.One of the most effective ways of meeting the irrigation potential requriements for increasing the food grain production on one hand and to mitigate floods and droughts and reduce imbalance in the availability of water on the other hand is interlinking of rivers to transfer water from the surplus rivers to deficit areas.

Rising to the occasion,the supreme court while disposing of a public Interest Litigation on interlinking of rivers directed the union of India to complete the project of interlinking within the next 15 to 20 years.Following this direction a special Task Force was constituted by the Government of India with scientists,engineers,biologists,policy makers as its members to undertakes a comprehensive study of technical,economic and eco-friendly feasibility of this gigantic project costing abotRs 5,00,000 crore.A beginning has been made with the signing of a memorandum of understanding by the Chief Minister of Uttar Pradesh and Madhya Pradesh to link with Chambal and Hindon Rivers are merging with river Yamuna.This agreement was hailed as a bold and historic initiative set to a paradigm change water resource management in the country.

Meanwhile,Green Earth Enviromental Protection Society (GEEPS)has initiated a parallel study with help of experts from various disciplines to examine the feasibility of the project comprehensively from different perspectives.The NGO has chosen this course of action for the simple reason that studies undertaken at the instance of Government are not real but they are mostly stage managed to help the Government to push through its populist measures without attaching much significance to the ground realities at stake.Attimes,Government does not give due consideration to the reservations expressed in genuiestudies.The committee of Experts submitted its 189 page report to the NGO which in turn place the same the before another team of experts for evaluation and opinion.The later committee of Experts also concerned also concerned with the findings of the report without reservation.Thestarling revelation made by the report raises a strong doubt about the feasibility of the project in the large interests of the public especially whem huge amount of the tax payer money is going to be invested in a project involving disastrous consequences.The consequences adverted to by the public document are as follows:

(1)Dammingthe rivers for linking will cut down the sediment supply involving coastal and delta erosion by waves and the prevailing south moving littoral long shore currents.

(2)Relocation and resettlement of the displaced families and loss of their livelihood.

(3)Disruption of entire hydrological cycle due to river diversion.

The NGO in an attempt to mould appropriate public opinion about the impending project has published the report at its own cost.The report has received wide publicity that has caused much embrassment to the Government forcing it to go in defence in view of criticism the project had drawn from a wider section of the society.Some of the critics even have gone to the extent of advocating legal action challenging the policy decision of the Government.TheNGO has decided to wait for some time before initiating further action in this regard.

The NGO having failed to notice any perceptible change in the attitude of the Government towards this project has failed a public interest litigation in the Supreme Court of India under Article 32 of Constitution assailing the decision of the Government on the ground that it is not an advisable project since it is India�s final step towards hydrological suicide.The Petitioner has urged that the project of interlinking rivers is nothing but an attempt to redraw India�s geography with potentially grievous results.It has also vehemently opposed the project on the ground that it will not be cost-effective.While pointing out that the international experience in this regard is not encouraging,the petitioner has adverted to the opinion of certain experts that other less expensive alternatives for dealing with the problems are very much available.The Petitioner has also drawn the attention of the Hon�ble Supreme court to the fact that enough allocation of funds has not been made in the budget and Five year plans to faciliate project implementation with ease.The petition has also pointed to large scale of displacement of people resulting in deprivation of their livelihood.Moreover,the petition has also adverted to the possibility of water conflicts between different State Governments emerging as yet another source of threat to the implementation of the project.

The Union of India in its reply has sought for the dismissal of the petition in limine on the ground that the petitioner,Green Earth Environment Protection Society (GEEPS) NGO has no been locus standi to file the same.It has described the petition as the �Private Interest Litigation as the same has been filled with an ulterior motive to gain publicity and hence it has sought its dismissal.The Public Interest Litigation (PIL) involving the following issues is posted for disposal before the Hon�ble Supreme Court of India.

(1)Whether the petitioner NGO has locus standi to file this Public Interest Litigation and further whether the Public Interest Litigation is maintainable in law ?

(2)Whether the policy decision of the Respondent �Union of India is highly irrational and arbitrary and hence violative of Article 14 of the Constitution.

(3)Whether the threat to the ecosystem is so real and overwhelming that it is likely to cause sweeping and irreparable damage to the same thereby offending the rights of the public at large under Article 21 of the Constitution ?

(4)Whether the implementation of the project is likely to result in large-scale internal displacement of people,in particular the tribals resulting in deprivation of their livelihood violating Article 21 of the Constitution ?

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