A State has issues with its neighbouring state regarding the sharing of the waters of a river flowing across both the States. What is the constitutional mechanism to resolve the said dispute? Explain.

Facts of the Case

A State has raised issues with its neighboring State regarding the sharing of waters of a river that flows across both states. The disagreement concerns the allocation, usage, and rights over the river water. The question arises regarding the constitutional mechanism to resolve such inter-state water disputes.

Issues in the Case

1. Which constitutional provisions govern inter-state water disputes in India?
2. What is the mechanism for resolving disputes between states regarding river water?
3. Whether the decision-making is judicial, legislative, or executive, and under what conditions.

Legal Principles Covered

A. Constitutional Provisions

1. Entry 56 of Union List (Seventh Schedule)
   • Parliament has the power to make laws regulating the waters of inter-state rivers.
2. Entry 17 of Union List
   • Parliament may also legislate on matters of inter-state trade and water disputes arising from rivers flowing across state boundaries.
3. Article 262 – Adjudication of Inter-State Water Disputes
   • Provides a special mechanism:
     • Parliament may enact a law providing for the adjudication of disputes between states regarding water.
     • Covers both rivers and streams that flow across state boundaries.
     • Bars courts from intervening in matters specified under such law.

B. Statutory Mechanism

1. Inter-State River Water Disputes Act, 1956
   • Enacted under Article 262.
   • Provides:
     • Constitution of a Tribunal to adjudicate disputes.
     • Tribunal composition is appointed by the President.
     • Tribunal’s award is binding on the states.
     • Parliament may amend law to cover new rivers or streams.
2. Procedure under the Act
   • Any state may request the Union Government to refer a dispute to a Tribunal.
   • Tribunal examines the matter in accordance with equitable principles.
   • Award must be published in the official Gazette and has legal effect.

C. Judicial Principles / Precedents

1. State of Karnataka v. State of Andhra Pradesh (1996) 5 SCC 65 – Krishna River Dispute
   • Supreme Court recognized that inter-state tribunals under ISWD Act are the proper forum for resolution.
2. Cauvery Water Dispute Case (2007) 2 SCC 1
   • Emphasized that Tribunal awards are binding, and courts cannot intervene in their merits if Article 262 bars jurisdiction.
3. Bhakra Dam Dispute Cases
   • Affirmed role of Parliament and Union Government in resolving disputes and establishing tribunals for inter-state rivers.

Possible Judgement / Legal Advice

1. Constitutional Mechanism
   • The State must invoke Article 262 and the Inter-State River Water Disputes Act, 1956.
   • A Tribunal appointed by the President will adjudicate the dispute.
2. Binding Nature of Tribunal Decisions
   • Decisions of the tribunal are final and binding on all concerned states.
   • Judicial review by courts is limited; courts cannot intervene while the dispute is under Tribunal adjudication.
3. Advisory Conclusion
   • For any inter-state river water dispute:
     • Step 1: State requests Union Government for reference to Tribunal.
     • Step 2: Tribunal examines dispute on equitable principles.
     • Step 3: Tribunal passes award; Union Government notifies award in Gazette.
     • Step 4: Award is binding on all states; compliance is obligatory.

Summary:
The Inter-State River Water Disputes Act, 1956, under Article 262, provides a constitutional and legal mechanism for resolving disputes. This ensures equitable distribution, avoids litigation in courts, and respects the federal structure of India.

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Facing issues related to river water sharing between states? Understand your legal rights and remedies under Article 262 and the Inter-State River Water Disputes Act, 1956. At Lawgnan.in, our legal experts explain how states can approach the Union Government, the process of tribunal formation, and how tribunal awards become binding. Gain clarity on constitutional provisions, equitable principles, and dispute resolution mechanisms without court intervention. Visit Lawgnan.in today for professional guidance, simplified legal explanations, and updates on major inter-state river water disputes and tribunal decisions in India.