Interstate River Water Disputes in India

PWOnlyIAS December 13, 2023 05:57 5759 0

The Interstate River Water Disputes Act of 1956 was legislated under Article 262 of the Constitution of India. Its purpose is to address conflicts related to the utilization, regulation, and allocation of water in interstate rivers or river valleys.

Interstate River Water Disputes in India

Questionnaire:

What are Interstate River Water Disputes?
What are the Reasons for Water Disputes between states?
What are the Effects of Interstate River Water Disputes?
What are the Mechanisms available for handling Interstate River Water Disputes?
Is it Possible to solve Interstate River Water Disputes through negotiations?
What are the Interstate River Water Disputes Tribunals?
What are the Major Interstate River Water Disputes in India?
What are the Issues with the Interstate River Water Disputes Tribunal?
Should states have a bigger role in Interstate River Water Disputes?
How do Interstate River Water Disputes Affect Federalism in the Country?
Why does it take so long to resolve water issues in India ?
Do you think the Supreme Court’s intervention is inevitable ?

Context: The Interstate River Water Disputes between the states of Karnataka and Tamil Nadu have been simmering for many decades without reaching a mutually acceptable conclusion.

1. What is meant by Interstate River Water Disputes?

Definition: Interstate River Water Disputes refer to disputes between two or more states regarding use, distribution and control of rivers flowing through them.
Occurrence: When the water demands of states increase, they have to look at ways to harvest water available in the state.
- If such waters have to be obtained from inter-state rivers, there are high chances that downstream states will have an objection.
- In such a situation, there will arise a situation for the union government to step-in and ensure equitable distribution of river waters.

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2. What are the Reasons for Water Disputes between states?

Increase in Population: Population of states is on the rise. As population rises, the demand for potable water rises, putting a burden on available water.
Agricultural Expansion: Agricultural area is being rapidly expanded to feed the rising population.
- In addition, cultivation of commercial water-gushing agricultural crops like sugarcane is also rising.
Industrial Demand: The setting up of industries requires water for the manufacturing process. The demand for power to run industries uninterrupted has forced states to harness their available hydropower potential.
Shortage of Rainfall: Due to climate change, rainfall patterns have changed. Lower rainfall has led to drying up of smaller water bodies such as lakes.
Regionalism Sentiments: Sometimes political compulsions create water disputes between states. Rising regionalism sentiments will only increase such disputes.
Historical Reasons: Water disputes may be a continuation of historical disputes between states. Such disputes are difficult to resolve amicably.
Ex: Karnataka and Tamil Nadu’s water dispute goes back centuries.

3. What are the Effects of Interstate River Water Disputes?

Vote Bank Politics: Water is a sensitive subject and regional parties are likely to use it for vote bank politics.
Affects Nationalism: The Interstate River Water Disputes will affect federalism, as the states will try to give up national interests for their own.
Attack on Migrants: Interstate River Water Disputes have previously led to attacks on migrants living in states party to the disputes.
Impasse on Development: Disputes resolution will take decades and till then, all the projects related to river water harnessing will be stuck.

4. What are the Mechanisms available for handling Interstate River Water Disputes?

Negotiation and Mutual Understanding: This will ensure that mutual grounds can be reached.
- However, this is a temporary solution as change in political leadership will result in violation of the mutual agreement.
Interstate River Water Disputes Tribunal:
- The constitution, under Article 262 provides for adjudication of Interstate River Water Disputes.
- Parliament has passed two laws: the River Boards Act (1956) and the Inter-State River Water Disputes Act, 1956.
  - River Boards Act (1956): It establishes a river board for regulation and development of Inter-state River and river valleys.
  - Inter-State River Water Disputes Act, 1956: This empowers the union government to set up an ad hoc tribunal for adjudication of Interstate River Water Disputes.

5. Is it Possible to solve Interstate River Water Disputes through negotiations?

Using negotiations to solve Interstate River Water Disputes will ensure that mutual grounds can be reached.
However, this is a temporary solution as change in political leadership will result in violation of the mutual agreement.

6. What are the Interstate River Water Disputes Tribunals?

About: It is a quasi-judicial body with the mandate to decide on the sharing of inter-state river waters between the riparian states.
Powers: The decision of the tribunal is final and binding on the parties involved.
- The Supreme Court or any other court should not have any jurisdiction over disputes that are referred to the tribunal.

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Inter-State River Water Disputes (Amendment) Bill, 2019

Forming a Data Bank: The act empowers the Union Government to set up a data bank and information system at the national level for each river basin.
Establishing Tribunal: The Union Government has powers to set up a permanent Inter-State River Water Disputes Tribunal, for the adjudication of water disputes. This Tribunal can have multiple benches.
- Composition: The Tribunal will be made up of a Chairperson, Vice-Chairperson, three judicial members, and three expert members. They will be appointed by the Union Government based on the recommendation of a Selection Committee.
- All existing Tribunals will be dissolved, and the disputes before such existing Tribunals will be transferred to the new Tribunal.
- Decision Time: The Tribunal has to give its decision on the dispute within two years, which may be extended by another year. The previous limit was three years and was extendable by another two years.
- State’s Reference: If the matter is referred again to the Tribunal by a State for further consideration, it is required to submit its report to the Union Government within a period of one year. This period can be extended up to a maximum of 6 months.
- Decision of the Tribunal: The decision made by the Bench of the Tribunal shall be final and binding on the States. There is no requirement for publishing the award in the official gazette by the Union Government.

7. Should states have a bigger role in Interstate River Water Disputes?

Under the Seventh Schedule of the Indian Constitution, water is a state subject. The centre has a limited role in that aspect.
However, since both the warring parties have a mandate to exercise power, a neutral entity needs to exist in the form of the centre.

8. How Does Interstate River Water Disputes Affect Federalism in the Country?

Interstate River Water Disputes continue to affect federal water governance in the country. Some laws such as the River Water Disputes Bill, 2019 and the Dam Safety Authority Bill, 2019, shifts the states’ rights and authority over rivers to the Centre.
Jurisdictional Tensions: Interstate River Water Disputes can lead to jurisdictional tensions between the central and state governments. Deciding on water allocation and management involves balancing the authority of states with the need for a centralized approach.
Impact on Cooperative Federalism: Interstate River Water Disputes can strain the principle of cooperative federalism. States may perceive central interventions as an infringement on their rights, impacting cooperative decision-making.

9. What are the Major Interstate River Water Disputes in India?

Interstate River Water Disputes

10. What are the Issues with Interstate River Water Disputes Tribunal?

Opacity: There is opacity in the institutional framework and guidelines that define working of the tribunals.
Members: Majority of the members of the tribunal are drawn from judiciary, which has no expertise in understanding water management.
Protracted Proceedings: The tribunal proceedings take years to complete. During this time, all the developments will be affected.
Political Interference: The decision of the tribunal is influenced by the political class, who ensure that their electoral interests take precedence over national interests.
Non-compliance: Despite the order of the tribunal considered binding, states have refused to abide by the decisions.

11. Why does it take so long to resolve water issues in India?

Complex Inter-State Disputes: Water issues in India often involve inter-state disputes over shared river resources. For instance, the Cauvery River dispute between Karnataka and Tamil Nadu has been ongoing for decades, leading to legal battles and administrative challenges.
Inadequate Infrastructure: Insufficient infrastructure for water storage, distribution, and management exacerbates the problem. For instance, the delayed implementation of the Polavaram dam project in Andhra Pradesh has hindered effective water resource management.
Population Growth and Urbanization: Rapid population growth and urbanization place increased stress on water resources. In cities like Chennai, mismanagement, pollution, and over-extraction of groundwater have led to severe water scarcity issues, requiring long-term, comprehensive solutions.
Climate Change Impact: Changing climate patterns, including irregular rainfall and prolonged droughts, complicate water management. The recurring water crisis in regions like Marathwada in Maharashtra highlights the need for adaptive strategies to cope with climate-induced challenges.

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12. Do you think the Supreme Court’s intervention is inevitable?

Yes	No
The Supreme Court’s intervention is likely due to historical instances of complex and prolonged Interstate River Water Disputes in India, where legal resolution becomes necessary.	The Supreme Court’s intervention is not inevitable, as alternative dispute resolution mechanisms, such as interstate water tribunals, exist to address conflicts without directly involving the highest court.

Complexity: Interstate River Water Disputes in India involve intricate legal, political, and technical aspects, making resolution challenging.
Historical Precedent: Many water disputes have historically reached the Supreme Court due to the inability of states to find amicable solutions.
Constitutional Authority: The Supreme Court holds the constitutional mandate to adjudicate disputes between states, including those related to water sharing.
Lack of Alternatives: In the absence of effective alternative mechanisms, states often resort to legal avenues, escalating the matter to the highest court.
National Importance: Water is a critical national resource, and disputes have far-reaching implications, necessitating the highest judicial intervention.
Prevention of Conflict: Supreme Court intervention is seen as a means to prevent potential conflicts and ensure equitable resolution in the interest of all states.

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