Interstate Water Disputes: An Analysis of the Legal and Constitutional Framework

Introduction

In a federal structure of a country, there are many fault-lines that needs to be fixed as soon as it occurs. There are many examples of these fault lines like water disputes, land disputes, tax disputes, travel disputes, language disputes and many more. In this article, we are going to inform you about the Interstate Water Disputes related to Indian states; also, Legal and constitutional framework of that disputes.

If you are here for increase your knowledge about Interstate Water Disputes and their related resolutions, then please be with us till the end of this article.

So, let's start-

Interstate Water Disputes

Interstate water disputes in India arise when two or more states disagree over the sharing of river waters that flow through their respective territories. As water is a state subject in India, each state has the right to use and control the water resources within its boundaries. However, many of India's rivers are shared by two or more states, which can lead to disputes over water usage and distribution.

To resolve such disputes, the Government of India has enacted the Interstate River Water Disputes Act, 1956. The act provides for the establishment of river water tribunals to adjudicate disputes between states over the use of river waters.

The Main Features of the Interstate River Water Disputes Act, 1956 are

Establishment of a tribunal

When a dispute arises between two or more states over the sharing of river waters, the central government may constitute a tribunal to resolve the dispute

Composition of the tribunal

The tribunal is composed of a chairman and two or more members appointed by the central government.

Powers of the tribunal

The tribunal has the power to adjudicate the dispute, determine the water-sharing arrangement, and issue orders and directions to the concerned states.

Finality of the decision

The decision of the tribunal is final and binding on the states involved in the dispute.

Reference of disputes to the tribunal

The central government may refer a dispute to the tribunal on its own or on a request by a state government.

Time frame for the tribunal

The tribunal is required to submit its report within a stipulated time frame, which may be extended by the central government.

Some of the major interstate water disputes in India that have been resolved through the river water tribunal mechanism include the Cauvery water dispute, the Krishna water dispute, the Godavari water dispute, and the Ravi and Beas water dispute.

Tribunals for Interstate Water Disputes

These are a few most important Tribunals that was created for resolution of Interstate Water Disputes between two or more states.

Krishna Water Disputes Tribunal

The Krishna Water Disputes Tribunal was set up in 2004 to resolve disputes over sharing of the waters of the Krishna River between the states of Maharashtra, Karnataka, and Andhra Pradesh.

Godavari Water Disputes Tribunal

The Godavari Water Disputes Tribunal was established in 2010 to resolve disputes over sharing of the waters of the Godavari River among the states of Maharashtra, Andhra Pradesh, Chhattisgarh, Karnataka, Madhya Pradesh, and Odisha.

Narmada Water Dispute Tribunal

The Narmada Water Dispute Tribunal was set up in 1969 to resolve disputes over sharing of the waters of the Narmada River between the states of Gujarat, Maharashtra, Rajasthan, and Madhya Pradesh.

Ravi and Beas Water Disputes Tribunal

The Ravi and Beas Water Disputes Tribunal was established in 1986 to resolve disputes over sharing of the waters of the Ravi and Beas rivers between the states of Punjab, Haryana, Rajasthan, and Delhi.

Cauvery Water Disputes Tribunal

The Cauvery Water Disputes Tribunal was set up in 1990 to resolve disputes over sharing of the waters of the Cauvery River between the states of Karnataka, Tamil Nadu, Kerala, and Puducherry.

Second Krishna Water Disputes Tribunal

The Second Krishna Water Disputes Tribunal was established in 2014 to adjudicate on the sharing of the waters of the Krishna River among the states of Andhra Pradesh, Telangana, Maharashtra, and Karnataka.

Vansadhara Water Disputes Tribunal

The Vansadhara Water Disputes Tribunal was established in 2010 to resolve disputes over sharing of the waters of the Vansadhara River between the states of Odisha and Andhra Pradesh.

Mahadayi Water Disputes Tribunal

The Mahadayi Water Disputes Tribunal was set up in 2010 to resolve disputes over sharing of the waters of the Mahadayi River between the states of Goa, Karnataka, and Maharashtra.

FAQ's

Q1. What is an Interstate Water Dispute?

Ans: An Interstate Water Dispute is a disagreement or conflict that arises between two or more states in India over the sharing of water resources such as rivers, lakes, and reservoirs that flow across state boundaries.

Q2. What laws govern Interstate Water Disputes in India?

Ans: The Constitution of India provides for the resolution of Interstate Water Disputes under Article 262, which gives the Parliament of India the power to adjudicate on such disputes. Additionally, the Inter-State Water Disputes Act of 1956 provides a legal framework for the resolution of such disputes.

Q3. How are Interstate Water Disputes resolved in India?

Ans: Interstate Water Disputes in India are typically resolved through negotiation between the affected states. If negotiation fails, the central government may refer the dispute to a tribunal for resolution. The tribunal consists of a panel of experts who consider evidence and arguments from all parties involved and issue a binding decision.

Q4. Who sets up the tribunals to resolve Interstate Water Disputes in India?

Ans: The central government of India sets up the tribunals to resolve Interstate Water Disputes. The tribunals are typically composed of a chairperson and other members who are experts in fields such as engineering, water management, and law.

Q5. Can the decisions of Interstate Water Dispute tribunals be challenged in court?

Ans: The decisions of Interstate Water Dispute tribunals are final and binding and cannot be challenged in court. However, if there are any errors in the implementation of the tribunal's decision, parties can approach the Supreme Court of India for redressal.