Answer:

Introduction:

India’s federal structure, while granting significant powers to individual states, also requires mechanisms to resolve conflicts that arise between them. One such recurrent and contentious issue is inter-state water disputes, which are not just about sharing a vital natural resource but are deeply intertwined with socio-political, economic, and environmental dimensions. As these disputes have grown in number and complexity, the constitutional mechanisms in place to address them have frequently been questioned for their effectiveness.

Body:

Constitutional Framework and Mechanisms:

• Entry 17 of the State List empowers states on matters related to water supply, irrigation, canals, drainage, etc.
• Entry 56 of the Union List allows the Union Government to regulate and develop inter-state rivers if deemed necessary for public interest.
• Article 262 paves the way for adjudicating water-related disputes, emphasizing that neither the Supreme Court nor any other court should exercise jurisdiction over such disputes.

Mechanisms Enacted by the Parliament:

• River Board Act, 1956 for setting up Boards for Interstate Rivers. However, no board has been established so far.
• Inter-State Water Dispute Act, 1956: It aims to resolve the matter through consultation among states, and if unsuccessful, a tribunal can be constituted.

Challenges in Current Mechanisms:

• Delays in Resolution: Instances like the Godavari and Cauvery disputes highlight the prolonged proceedings and extreme delays.
• Lack of Multidisciplinary Composition: Tribunals predominantly consist of members from the judiciary, sidelining the crucial technical and ecological aspects.
• Opacity in Processes: The guidelines that direct these proceedings often lack clarity.
• Data Inconsistency: Absence of universally accepted water data impedes establishing a baseline for judgments.
• Politicization: The intertwining of water disputes with politics has escalated the disputes into battlegrounds of electoral gains.

Proposed Solutions:

• Strengthening Interstate Council: Invoking Article 263 to bring water disputes under the purview of the interstate council could be a way forward.
• Unified Water Management: A holistic agency addressing both ground and surface water can streamline decisions.
• Enhanced Tribunal Efficiency: The focus should be on expedited verdicts with enforceable mechanisms.
• Central Data Repository: A unified platform for water data can facilitate informed decision-making.

Conclusion:

The recurring inter-state water disputes and the persistent challenges in their resolution highlight both structural and process-related inadequacies in the constitutional mechanisms. There’s a dire need for reforms, ensuring swift resolutions while balancing the rights and needs of states. Bridging these gaps will not only ensure equitable water distribution but also fortify India’s federal structure.

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