Answer: 

Introduction:

Inter-state water disputes in India are a recurring issue due to the country’s federal structure and the uneven distribution of water resources. The Constitution provides mechanisms for the resolution of these disputes under Article 262 and the Inter-State Water Disputes Act, 1956.

Body:

However, the persistence of such disputes suggests potential inadequacies in both structural and process aspects.

• Structural Inadequacies:
  • These are inherent limitations within the system which restrict its capacity to effectively address and resolve disputes.
  • One structural issue lies in the Constitution itself, which places water in the State list, leading to conflicts over water resources that cross state boundaries.
  • For instance, the Cauvery water dispute between Karnataka and Tamil Nadu has been prolonged due to this structural issue, leading to social unrest and economic losses.
• Process Inadequacies:
  • These are issues related to the implementation and operation of the dispute resolution mechanisms.
  • The Inter-State Water Disputes Act, 1956, mandates the creation of a Tribunal for resolving disputes.
  • However, the process has been criticized for being slow and often failing to implement its own awards.
  • For example, the Ravi-Beas Water Tribunal, established in 1986, is still pending resolution.
• Combined Effect of Structural and Process Inadequacies:
  • Often, the impact of these inadequacies is compounded, resulting in a failure to effectively resolve water disputes.
  • The protracted nature of many disputes, such as the Krishna river water dispute involving Karnataka, Andhra Pradesh, and Maharashtra, is a testament to these combined inadequacies.

Conclusion:

While the constitutional mechanisms for resolving inter-state water disputes have been instrumental in some cases, their overall effectiveness has been limited due to both structural and process inadequacies. A comprehensive review and reform of these mechanisms are needed, focusing on cooperative federalism, timely resolution, and enforcement of awards. This could involve the creation of a permanent inter-state river water disputes resolution tribunal, as suggested by the Punchhi Commission on Centre-State Relations.

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