Inter-State Water Disputes Resolution: Ensuring Equitable Resource Sharing

Introduction

Inter-State Water Disputes, as addressed in Article 262 of the Indian Constitution, pertain to conflicts between two or more states regarding the sharing and managing of interstate river waters. This article provides for the adjudication of such disputes by a tribunal appointed by the President of India, aiming to ensure fair resolution and equitable distribution of water resources among the concerned states.

Establishment and Function of Inter-State Water Dispute Tribunals

• Article 262: Makes two provisions w.r.t. adjudication of inter-state water disputes:
  • Authority: Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution and control of waters of any inter-state river and river valley.
  • Jurisdiction of Courts: Parliament may also provide that neither the Supreme Court nor any other court is to exercise jurisdiction in respect of any such dispute or complaint.
• Parliament enacted two laws under these provisions:
  • River Boards Act 1956: A river board is established by the Centre at the request of the state to advise them.
  • Inter-State Water Disputes Act 1956: Empowers the Centre to set up an ad hoc tribunal for the adjudication of an inter-state water dispute between two or more states; 
    • Decisions of the tribunal are binding; No courts have jurisdiction over such disputes.
• The Inter-State Water Disputes Act 1956:  Authorizes the Central government to establish ad hoc tribunals to resolve conflicts between states over interstate river waters. 
  • Tribunal decisions are final and binding, with no jurisdiction granted to the Supreme Court or any other court.
• Necessity for a Non-judicial Mechanism: Although the Supreme Court can decide interstate water disputes involving legal rights, laws based on private property rights often fail to address public interest in water usage effectively.

Major Inter-State River Water Disputes in India

Conclusion: Importance of Resolving Inter-State Water Disputes in India

• Inter-state water disputes are complex issues that require careful adjudication to ensure equitable sharing and management of water resources among states. 
• The legal mechanisms provided under Article 262 of the Indian Constitution, including the establishment of ad hoc tribunals, are essential for resolving such disputes and promoting cooperation among states. 
• Effective resolution of these disputes is crucial for sustainable water management and the overall development of the country.

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