Meaning and Constitutional Basis
Inter-State Water Disputes refer to conflicts between two or more states over the use, distribution, or control of river waters. The legal foundation for resolving such disputes is found in Article 262 of the Indian Constitution, which empowers Parliament to make laws for the adjudication of disputes relating to waters of inter-state rivers and river valleys. It also allows Parliament to exclude the jurisdiction of the Supreme Court and other courts in such matters. This constitutional provision aims to maintain federal harmony and equitable sharing of water resources between states, ensuring peaceful and legal resolution of conflicts.
Legal Provisions and Mechanism
Pursuant to Article 262, the Parliament enacted the Inter-State River Water Disputes Act, 1956. Under Section 4 of this Act, the Central Government may constitute a Tribunal when negotiations fail to resolve the dispute between states. The Tribunal’s decision, known as an “award,” is final and binding on the parties involved. The Inter-State River Water Disputes (Amendment) Act, 2019 was introduced to streamline the process by setting up a permanent tribunal with multiple benches and a Dispute Resolution Committee (DRC) for pre-litigation mediation. These provisions ensure that inter-state water disputes are settled efficiently and fairly within a constitutional framework.
Importance and Objective
The main objective of this constitutional mechanism is to promote cooperative federalism and prevent political or regional tension between states. Water being a vital natural resource, equitable distribution ensures social justice, agricultural sustainability, and national unity. By providing a structured mechanism through the 1956 Act, India ensures that such disputes are settled through law rather than conflict. This framework balances the autonomy of states with the supervisory role of the Centre, maintaining a healthy relationship between federal and state governments in managing shared water resources.
Real-Time Example
A prominent example is the Cauvery Water Dispute involving Karnataka and Tamil Nadu, along with Kerala and Puducherry. The Cauvery Water Disputes Tribunal was constituted in 1990 under the 1956 Act, and its final award was delivered in 2007, later modified by the Supreme Court in 2018. The Tribunal’s decision determined the share of each state in the river’s waters, helping to reduce long-standing tensions. Similarly, the Krishna and Godavari water disputes among southern states show how constitutional mechanisms prevent escalation of inter-state conflicts.
Mnemonic to Remember – “ACTOR”
A – Article 262 empowers Parliament
C – Central Government sets up Tribunal
T – Tribunal’s award is final and binding
O – Objective: promote cooperation and fairness
R – Real examples: Cauvery, Krishna disputes
The mnemonic “ACTOR” helps remember that the Centre acts as the key actor in resolving Inter-State Water Disputes through Article 262, ensuring Cooperation, Tribunal adjudication, and Objective Resolution.
About lawgnan:
Explore the Inter-State Water Disputes mechanism under Article 262 of the Indian Constitution at Lawgnan.in. Understand how Parliament, through the Inter-State River Water Disputes Act, 1956, ensures equitable sharing of river waters and peaceful resolution of conflicts between states. Learn about the Tribunal system, 2019 Amendment, and real-life cases like the Cauvery and Krishna water disputes, which demonstrate the balance between cooperative federalism and judicial fairness. Perfect for law students, UPSC aspirants, and judiciary exam candidates, this article explains the legal process, objectives, and constitutional safeguards ensuring unity through resource management.
