Case Analysis of Subhash Kumar Versus State of Bihar and Others: AIR 1991 SC 42

  • Aditi Sinha and Tahmina Naz
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  • Aditi Sinha

    Student at St Joseph's College of Law, India

  • Tahmina Naz

    Student at St Joseph's College of Law, India

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In the leading environmental law case of Subhash kumar v State of Bihar, the courts and social activists have worked together to ensure that the right to clean water is included in the Fundamental Rights of the Indian Constitution. Public Interest Litigation (PIL) has made it easier to take legal action against violations of the Right to water. This puts pressure on the government to protect the environment using laws and policies. In the Vellore People's Welfare Forum v. Union of India case in 1990, the Supreme Court stated that tanneries polluting water infringed citizens' rights.Similarly, in the Subhash Kumar v. State of Bihar case in 1991, the Supreme Court said that the right to life includes the right to clean water and air. The court decided that citizens could challenge threats to their quality of life under Article 32. The court also explained when PILs could be filed for violations of constitutional rights under Article 32. The courts, especially the Supreme Court in India, played a crucial role in protecting the environment and ensuring fairness in society. They help strike a balance between environmental concerns, people's rights, and development issues. One important area they focus on is restoring groundwater, which is essential for life and recognized as a fundamental right. The Supreme Court has emphasized that access to clean water is part of the right to life and a clean environment guaranteed by the Constitution. They've made several rulings reinforcing this idea, stating that clean water is implicit in the right to a healthy environment under Article 21 of the Constitution.This article discusses the important case of Subhash Kumar v. State of Bihar (1991) by explaining its background and examining the problems and issues that came up in court.


Research Paper


International Journal of Legal Science and Innovation, Volume 6, Issue 3, Page 01 - 08


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