India has several inter-state river water disputes due to the complex and interlinked nature of its river systems. The Parliament has enacted Inter-State River Water Disputes (ISRWD) Act, 1956 for adjudication of disputes relating to the water of inter-State rivers and river valleys thereof. The Cauvery Water Dispute and the Satluj Yamuna Link Canal are two contemporary instances. The UPSC Indian Polity and Governance Syllabus includes Inter-State Water Disputes - (Inter-State Relations) Governance which is described in this article

Inter-State Water Disputes - Historical Background

• In recent years, increasing water scarcity, a rapid rise in urban and rural demands for freshwater, and contentious political dynamics have further exacerbated the problem.
• Several years have passed since the government proposed the action plan of interstate river water i.e., connecting all the rivers in the country. But since then, it has become the most contiguous issue of Indian federalism.
• Interstate (River) Water Disputes (ISWDs) are a continuing challenge to federal water governance in India.
• Rooted in constitutional, historic-geographical, and institutional ambiguities, they tend to become prolonged conflicts between the states that share river basins.
• India has 25 major river basins, with most rivers flowing across states. As river basins are shared resources, a coordinated approach between the states, with adequate involvement of the Centre, is necessary for the preservation, equitable distribution and sustainable utilization of river water.

Inter-State Water Disputes - Constitutional Provisions

Water Disputes Tribunals

Steps Taken By The Parliament For Inter-State Water Disputes

Interstate River 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.

The River Basin Management Bill, 2019

• It gives more power to Central bureaucrats over interstate river basins.
• Chief ministers of 13 river basin states will advise, public representatives will be consultants to their body called ‘council’, while the body of public servants called ‘authority’ will decide how to develop, conserve and distribute the resources in interstate river basins.
• The Centre is seemingly implementing the recommendations of the Second Administrative Reforms Commission and National Commission for Integrated Water Resources Development (NCIWRD) through this Bill.
• However, both the reports had proposed a wide-based democratic composition and functioning.

The Dam Safety Bill, 2019

• It could take away the states’ autonomy over major irrigation dams in their territories since the Centre has proposed a new authority for dam safety.
• This would give immense power to the Centre because the National Dam Safety Authority would decide safety and all other issues.
• An additional secretary in the Central Water Commission would head the National Dam Safety Authority and the states would be bound to follow the authority’s instructions or suffer penalties. The states would have no say and no appeal.

Inter-State River Water - Benefits

• Waterways is the cheapest mode of transport and by connecting rivers and making national waterways will boost growth & development of the country.
• It will help tackle natural disasters like drought, floods etc.
• Boost agriculture as it will increase irrigation coverage.
• It will fulfil the demand of electricity (hydropower plants).
• Access to water for every citizen in the country.

Inter-State Water - Challenges/Issues

• River changes its natural course every 100 years so it won't be feasible in the long-term.
• The cost of the project is expensive.
• Intense deforestation required.
• The construction of dams will affect flow of rivers.
• Lakhs of people will be displaced; environmental costs have come up to surface in recent years. There is no provision for the tribunals dealing with these issues and they are taken to the Supreme Court. This leads to multiple delays.
• Delay in the establishment of tribunals by the central government.
  • For example: request for Cauvery Water Disputes Tribunals has been pending since 1970 and tribunals constituted in 1990. This loophole was fixed through IWD Amendment Act, 2000 which made it mandatory to constitute Tribunals within 1 year and final judgment by tribunals within 3 years.
• Advice of river boards is not binding.
• The growing nexus between water and politics have transformed the disputes into turfs of vote bank politics. Tribunals IWDA are ad hoc bodies set up under the discretion of the center upon request by the states. This leads to politicization of the disputes. For example, Inter-water dispute between Punjab, Haryana and Delhi.
• Lack of expertise: Tribunals only consist of judicial members which lack the technical knowledge.

Measures

• The Centre has taken an important step by attempting to create a permanent platform for sustained deliberation over interstate rivers by the basin states for cooperative and coordinated action.
• There is a dire need for speedy disposal of such disputes with a permanent institutional mechanism.
• Since 1956, five interstate water disputes tribunals have been set up for Krishna, Godavari, Narmada, Cauvery and Ravi-Beas rivers.
• Though the time limit is five years, Ravi-Beas took 33 years, Cauvery consumed 29 years, and the other tribunals took around a decade each.
• There is no time limit for publishing the reports, and the states have no remedy.

Conclusion

India, with 18% of the world's population and 2.4% of its land, possesses only 4% of water resources, necessitating urgent measures to prevent potential water conflicts. Inter-state river water disputes have impeded cooperative federalism, fostering a parochial mindset that prioritizes regional over national concerns. Resolving disputes through effective communication, not political opportunism, is crucial. The Interstate Council offers an ideal platform for effective issue resolution, fostering high-level cooperation among states. It is imperative to address these challenges promptly for sustainable water management.

FAQs

Q1: What is Article 262 of the Indian Constitution?

Q2: What is the significance of the Inter-State River Water Disputes Act, 1956?

Q3: What are Entries 17 and 56 in the Indian Constitution?

Q4: What role does the tribunal play in water disputes?

Q5: Why is the resolution of inter-state water disputes important for governance?

MCQs

1. Which article empowers Parliament to legislate on inter-state river disputes?

A) Article 263

B) Article 262

C) Article 256

D) Article 265

2. Which of the following is covered under Entry 17 of the State List?

A) Water supply and canals

B) Railways

C) Atomic energy

D) Space research

3. The Inter-State River Water Disputes Act was amended in which year?

A) 1991

B) 2002

C) 2015

D) 1980

4. Which body is empowered to form tribunals under the Inter-State River Water Disputes Act?

A) Supreme Court

B) Central Government

C) State Government

D) NITI Aayog

5. Which entry in the Union List relates to inter-state rivers and river valleys?

A) Entry 17

B) Entry 21

C) Entry 56

D) Entry 43

GS Mains Questions and Model Answers

Q1: What are the key challenges in resolving inter-state water disputes in India?

Answer: 

• Lack of clear and uniform guidelines for water-sharing agreements.
• Delays in setting up and delivering judgments by tribunals.
• Political tensions and electoral pressures complicate negotiations.
• Environmental concerns and climate change create variability in water availability.
• Weak enforcement mechanisms post-tribunal decisions.

Q2: How do constitutional provisions aid in the resolution of inter-state water disputes?

Answer: The Indian Constitution, under Article 262, empowers Parliament to legislate on inter-state water disputes and exclude them from judicial purview. Entry 17 of the State List addresses local water management, while Entry 56 of the Union List allows Parliament to regulate inter-state rivers. This division ensures both state autonomy and federal oversight in water governance.

Q3: Evaluate the effectiveness of the Inter-State River Water Disputes Act, 1956, in maintaining federal harmony.

Answer: While the Act has helped establish tribunals to resolve disputes, delays in tribunal formation and decision-making have weakened its impact. Amendments in 2002 sought to address these delays but challenges persist. However, the Act remains crucial for federal relations by providing a structured mechanism to resolve contentious water disputes.

Previous Year Questions on  Inter state Water Disputes

1. UPSC CSE 2013

Question. Discuss the role of the tribunal system in resolving inter-state water disputes in India.

Answer: The tribunal system, created under the Inter-State River Water Disputes Act, 1956, plays a critical role in adjudicating disputes between states. Tribunals investigate and provide binding decisions, but delays in forming tribunals and issuing judgments have limited their effectiveness. The 2002 amendment introduced a timeline to address this issue. However, implementation remains weak, and political considerations often hinder the resolution process. Strengthening the tribunal system and ensuring better enforcement of decisions is essential for fostering federal harmony and equitable water distribution.

2. UPSC CSE 2018

Question: Examine the challenges in managing water disputes between states, and suggest reforms to strengthen the resolution mechanism.

Answer: Inter-state water disputes arise due to competing demands for water resources, regional interests, and political tensions. Key challenges include delays in tribunal formation, lack of uniform sharing guidelines, and weak enforcement. To address these, reforms such as establishing a permanent tribunal, setting up inter-state water councils, and enhancing data-sharing mechanisms are essential. Promoting cooperative federalism and involving independent mediators could also improve the resolution process. With climate change exacerbating water scarcity, timely reforms are critical to ensuring sustainable and conflict-free water management.

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