Inter-State Water Disputes

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By admin April 22, 2019 17:23
  • More than 80 per cent of Indian rivers are inter-state rivers. According to the Central Water Commission, there are 125 inter-state water agreements in India.
  • In fact, many of these agreements are more than 100 years old and also had been executed without seriously considering socio-economic, political and also geographical factors.
  • River waters use is included in states jurisdiction (entry 17 of state list). However, union government can make laws on regulation and development of inter-State rivers and river valleys when expedient in the public interest. (Entry 56 in the Union List)
  • However, whenever the riparian states are not able to reach any amicable agreements on their own in sharing of an interstate river waters, section 4 of The Interstate River Water Disputes Act, 1956 (IRWD Act) which provides dispute resolution process in the form of Tribunal.
  • Moreover, In case the constitutional rights of states are ingresses upon by the tribunal award in any of the manner, central government, for extending purview of its enactment to implement the tribunal order, is obliged to take some consent of all riparian states under the Article 252 of the constitution before the publishing the tribunal awards in the official gazette.
  • Furthermore, the Article 262 of the Indian Constitution provides the roles for the Central government in adjudicating conflicts which is surrounding the inter-state rivers that can arise among the state/regional governments

Inter State Water Disputes Act,1956:

  • The IRWD Act was enacted by the parliament of our India under the Article 262 of Constitution to resolve the water disputes that would arise in the use, control and also distribution of an interstate river or river valley.
  • The Article 262 also says that the parliament can also provide that neither our Supreme Court nor any other court will exercise jurisdiction in respect of inter-state water disputes.
  • The Scope of the IRWD Act is applicable only to the interstate rivers / river valleys

Seventh Schedule

  • Entry 17 of State List:
    • Water that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to entry 56 of Union List.
  • Entry 56 of the Union List:
    • The Regulation and also development of the inter-State rivers and also river valleys.

 

Read Also: Inter-State Water Disputes – Single Tribunal

admin
By admin April 22, 2019 17:23