Inter state water Dispute tribunal is established to settle the disputes on the water sources between the states. According to Article 262(1), Parliament may pass laws to resolve disputes or complaints about the usage, distribution, or control of transboundary waters in a river or river valley. Under this, the Parliament has enacted the Inter-State Water Dispute Act, 1956 under which the states can approach the centre to constitute a tribunal for solving inter-state water disputes through consultations. In this article, we will learn about different inter-state water dispute tribunals constituted till now and their criticism.

Inter State Water Disputes tribunal

• Interstate water disputes arise when two or more states disagree about the usage, distribution, and management of rivers flowing through two or more states.
• Interstate (River) Water Disputes are a persistent problem to federal water governance in India.
• They tend to become extended confrontations between governments that share river basins because of constitutional, historico-geographical, and institutional uncertainties.
• Some recent examples are the Cauvery Water Dispute and the Satluj Yamuna Link Canal dispute.
• Various Inter-State Water Disputes Tribunals have been established in the past, but each had its own set of issues.
• The Tribunal is made up of the Chief Justice of India, a sitting Supreme Court judge, and two other judges from either the SC or a High Court.

Constitutional Provisions

• Water is included in Entry 17 of the State List, including water supply, irrigation, canals, drainage, embankments, water storage, and water power.
• The Union Government is empowered by Entry 56 of the Union List to regulate and develop interstate rivers and river valleys to the extent that Parliament declares it to be in the public interest.
• In the event of a dispute over waters, Article 262 states
  • Any disagreement or complaint about the usage, distribution, or control of the waters of, or in, any inter-State river or river valley may be adjudicated by Parliament by law.
  • By legislation, Parliament may declare that neither the Supreme Court nor any other court has jurisdiction over any of the aforementioned disputes or complaints.
• The Interstate River Water Disputes Act, 1956 was passed under Article 262 of the Indian Constitution to handle water disputes arising from the usage, control, and distribution of an interstate river or river valley.
• Many amendments to this Act have been introduced throughout the years to better simplify and smooth the agreements and settlements between the associated states.
• On July 25, 2019, an amendment to the Interstate River Water Disputes Act was presented in Lok Sabha. It will simplify the resolution of interstate river water conflicts.

Inter-State Water Dispute Tribunals Constituted till now

Criticism of the Inter-State Water Dispute Tribunals

• Protracted legal actions and lengthy delays in resolving disputes.
  • The request for the Godavari water dispute, for example, was made in 1962, but the tribunal was established in 1968, and the judgement was issued in 1979 and published in the Gazette in 1980.
  • The Cauvery Water Disputes Tribunal, which was established in 1990, handed down its final decision in 2007.
• The institutional architecture and norms that define these proceedings are opaque, and conformity is ensured.
• Though the award is final and beyond the jurisdiction of the courts, either State can file a Special Leave Petition with the Supreme Court under Article 136 (tying the matter to the infringement of Article 21) under Article 32. (Right to Life).
• The tribunal's makeup is not multidisciplinary, consisting solely of members of the court.
• Because there is currently no authoritative water data that is acceptable to all parties, it is impossible to even establish a baseline for adjudication.
• Extended litigation and politicization of water-sharing issues are aided by the shift in tribunals' orientation from deliberative to combative.
• The rising link between water and politics has turned the battlegrounds into vote-bank battlegrounds.
• This politicization has also resulted in increased state disobedience, lengthy legal battles, and the subversion of resolution processes.
• The Punjab administration, for example, failed to appear before the Ravi-Beas tribunal.
• At too many levels of the process, there is too much discretion.
• Partly due to the intricacy of procedures involving several parties from various governments and agencies.
• The colonial legacy of India's intricate federal polity.

Inter-State Water Dispute (Amendment) Bill 2019

• Introduced: On the basis of Sarkaria Commission’s report.
• If enacted, it would make it mandatory for the Centre to constitute a tribunal on states’ request or suo motu.
• It binds the Centre to set up the DRC to amicably resolve the issue by negotiations in one year. If the DRC cannot settle the dispute, the Centre must refer it to the interstate tribunal within three months.
• It prescribes timelines while a permanent tribunal with multiple benches is proposed to be set up after dissolving all existing tribunals.
• The tribunal would be appointed on the recommendation of a selection committee comprising the Prime Minister, Chief Justice of India and ministers from the Law and Justice, and Jal Shakti (water) ministries.
• Criticism: The tribunal could also become a parking slot for judges and civil servants at the end of their service. The amendment is against federalism and only increases the Centre’s power.

Conclusion

Water and water supply are addressed as a national problem in the Constitution. List 56 of List I gives the Center the authority to manage and develop international rivers and valleys. Article 262 also grants Parliament the power to regulate intergovernmental dispute resolution in river waters and to prevent the Supreme Court and other courts from ruling on such issues.

FAQs

MCQs

1. Under which Article of the Indian Constitution is the establishment of Inter-State Water Dispute Tribunals provided?

A) Article 262
B) Article 245
C) Article 256
D) Article 239

2. Which of the following is a major criticism of the Inter-State Water Dispute Tribunals?

A) Excessive intervention by the Supreme Court
B) Delays in resolving disputes
C) Lack of evidence in disputes
D) The central government has no jurisdiction

3. What was the primary objective behind the establishment of the Inter-State Water Disputes Act, 1956?

A) To promote economic development through water sharing
B) To resolve disputes over the usage, distribution, and control of water resources between states
C) To allow states to independently manage water resources
D) To create a central water management body

4. Which of the following states is involved in the ongoing Cauvery Water Dispute?

A) Tamil Nadu and Kerala
B) Karnataka and Andhra Pradesh
C) Tamil Nadu, Karnataka, Kerala, and Puducherry
D) Maharashtra and Gujarat

5. The Inter-State Water Dispute (Amendment) Bill, 2019, proposes which of the following reforms?

A) Creation of a permanent tribunal
B) Reduction in the number of tribunals
C) Disbanding of existing tribunals
D) Limiting tribunal powers to advisory roles

GS Mains Questions and Model Answers

Q1: Examine the constitutional provisions governing the resolution of inter-state water disputes in India.

Answer: The resolution of inter-state water disputes in India is primarily governed by Article 262 of the Indian Constitution, which empowers Parliament to make laws for the adjudication of disputes over inter-state rivers. Under the provisions of the Interstate River Water Disputes Act, 1956, Parliament can establish tribunals to resolve water disputes between states. The law also grants Parliament the authority to prevent courts from interfering in the process, with disputes being settled exclusively by tribunals. The power to create tribunals and adjudicate disputes is a significant feature of India's federal system, designed to ensure equitable distribution of water resources among states.

Q2: Critically assess the effectiveness of the Inter-State Water Disputes Act, 1956, in resolving water disputes in India.

Answer: The Inter-State Water Disputes Act, 1956, has been effective in providing a legal framework for resolving disputes over inter-state river waters. However, its effectiveness is undermined by delays, the politicization of water-sharing issues, and challenges in enforcing tribunal awards. Many disputes, such as the Cauvery and Krishna water disputes, have remained unresolved for decades, leading to significant inter-state tensions. Moreover, the lack of a permanent, multidisciplinary tribunal and the involvement of political pressures often hinder the process. Recent amendments, such as the Inter-State Water Dispute (Amendment) Bill, 2019, aim to address these issues by ensuring faster resolutions and establishing permanent tribunals with multiple benches.

Q3: Discuss the role of the central government in resolving inter-state water disputes under the Indian federal system.

Answer: The central government plays a crucial role in the resolution of inter-state water disputes by facilitating the formation of tribunals under the provisions of Article 262 and the Interstate River Water Disputes Act, 1956. The government acts as a mediator and ensures that the tribunal process is initiated when states fail to resolve their disputes amicably. Furthermore, the central government is responsible for enforcing the awards issued by the tribunals and ensuring that the resolutions are implemented by the states. However, political interference and the lack of a uniform approach to managing water resources have limited the central government’s ability to efficiently resolve water disputes.

Previous Year Questions on Inter-State Water Dispute Tribunals

1. UPSC CSE Prelims 2020:

Question: Which of the following constitutional provisions deals with the resolution of inter-state water disputes?

A) Article 263
B) Article 262
C) Article 324
D) Article 356

Answer: (B)

Explanation: Article 262 of the Indian Constitution deals with the resolution of inter-state water disputes, allowing Parliament to enact laws for the adjudication of such disputes.

2. UPSC CSE Mains 2019 (GS Paper 2):

Question: How does the central government play a role in the resolution of inter-state water disputes in India?

Answer: The central government plays a critical role by initiating the formation of tribunals when requested by states, facilitating the adjudication process under the Interstate River Water Disputes Act, 1956. The government is also responsible for ensuring the implementation of tribunal decisions and resolving disputes through political negotiations if necessary.