
Contents
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Fundamental Right to Water Fundamental Right to Water
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Jurisdiction over Water: Constitution of India Jurisdiction over Water: Constitution of India
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Centre–State Powers Centre–State Powers
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Powers of Decentralized Bodies of Democratic Governance Powers of Decentralized Bodies of Democratic Governance
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Principles and Concepts of Water Law Principles and Concepts of Water Law
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Prohibition of Ownership and Public Trust Prohibition of Ownership and Public Trust
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‘Precautionary’, ‘Prevention’, and ‘Polluter Pays’ Principles ‘Precautionary’, ‘Prevention’, and ‘Polluter Pays’ Principles
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Access to Water and Land Ownership: Common Law Principles Access to Water and Land Ownership: Common Law Principles
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Sovereign Appropriation and Eminent Domain Sovereign Appropriation and Eminent Domain
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References References
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3 Basic Concepts and Principles Related to Water at the National Level
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Published:September 2017
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Abstract
This chapter introduces the basic features of water law at the national level. The first section focuses on the fundamental right to water and reproduces several cases that have contributed to the understanding of the right to water. The second section focuses on constitutional provisions highlighting the varied competences of the national, state, and local governments in the water sector. The third section then moves on to highlight some of the basic principles of water law, including public trust, the precautionary principle, principles governing access to and control of water by individuals, sovereign appropriation and eminent domain. The instruments reproduced include, as appropriate, case law and statutes.
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