Inter-states River Water Disputes of India

Freshwater is the most indispensable part of life and rivers act as the lifelines of culture. In India, where more than 60% of the population has limited access to freshwater resources, disputes between states are bound to happen and will remain a bone of contention. The rising population of the country will be compounding to the present crisis.

River Disputes | States ---------------------------------------- River Disputes: Godavari Water Dispute States: Maharashtra, Andhra Pradesh, Karnataka,Madhya Pradesh &Odisha --- River Disputes: Kaveri Water Dispute States: Pondicherry, Tamil Nadu, Karnataka & Kerala --- River Disputes: Krishna Water Dispute States: Andhra Pradesh, Karnataka, Maharashtra & Telangana --- River Disputes: Mahadayi/MandoviWater Dispute States: Goa, Karnataka & Maharashtra --- River Disputes: Mahanadi Water Disputes States: Chhattisgarh & Odisha --- River Disputes: Narmada Water Disputes States: Rajasthan, Madhya Pradesh, Gujarat & Maharashtra --- River Disputes: Periyar Water Disputes States: Kerala & Tamil Nadu --- River Disputes: Ravi & Beas Water Disputes States: Punjab, Haryana & Rajasthan --- River Disputes: Vansadhara Water Disputes States: Andhra Pradesh & Odisha ---

Let's see how the Indian Constitution deals with the water issue.

- Water is listed asEntry 17 under List II (State List) of Seventh Schedulein the Indian Constitution.

- Entry 17 is under the provision ofEntry 56 under List I (Union List) of Seventh Schedulewhich empowers the Central Govt. to regulate and develop the interstate rivers to the extent declared by Parliament to be expedient within the public interest.

- Article 262 of the Constitutionin turn grants the Parliament the right to settle disputes relating toEntry 56on the interstate water issues without the interference of any court of law including the Supreme Court.

Under Article 262, Inter-State River Water Disputes Act of 1956 and the River Boards Act of 1956was formulated.

- River Boards Act of 1956Under this Act, the Central Govt. can set up a river board upon the request of a state govt. via an officialgazettenotification. The river board thus formed can develop and regulate the interstate rivers and river valleys.

- Inter-State River Water Disputes Act of 1956If a situation arises where a state govt. raises any water dispute with its neighboring state and the Central Govt. is unable to find a resolution through negotiations, a water tribunal can be instituted. It is also done after receiving an official gazette notification from the state govt.An amendment was made to this act to incorporate the recommendations of theSarkaria Commissionin2002. According to this, the water dispute tribunal should be set up within one year, and also the tribunal must make its decision within 3 years.

Even though the tribunals are over the jurisdiction of the Supreme court and other courts, the states can approach the Supreme Court underArticle 136 (Special Leave Petition) under Article 32 linking issue with the violation of Article 21 (Right to Life).

Inter-State River Water Disputes Amendment Bill (2019)

The Inter-State River Water Disputes Amendment Bill was introduced in Parliament in Lok Sabha onJuly 25, 2019, by Minister of Jal Shakti, Mr. Gajendra Singh Shekhawat.

According to which upon receiving a request on interstate river water dispute from any state, the Central Govt. will set up aDispute Resolution Committee (DRC).The committee will be composed of achairperson(central govt. nominee with a minimum of 15 years of experience within the relevant sector) andone member(joint-secretary level official) from each of the riparian states.

The DRC should settle the dispute amicably withinone year (can be extended to six months)and submit its report back to the Central Govt. If the dispute remains unresolved, it will be forwarded toInter-State River Water Disputes Tribunal.

As for the Inter-State River Water Disputes Tribunal, it should be set up within3 monthsonce it receives the report from the DRC. The tribunal will have a chairperson, vice-chairperson, 3 judicial members, and 3 expert members, all appointed by the Central Govt. This tribunal can have multiple benches.

The decision of the Tribunal should be made in2 years (extendable by 1.5 years)and the central govt. can make a scheme depending on the tribunal's decision.

Under this Act, the Central Govt. will maintain adata bank and information system at the national level for each river basinand can appoint or authorize an agency to maintain this data bank.

TribunalYearStates InvolvedKrishna Water DisputesTribunal II2004Karnataka, Telangana,Andhra Pradesh & MaharashtraMahanadi Water DisputesTribunal2018Odisha & ChattisgarhMahadayi Water DisputesTribunal2010Goa, Karnataka & MaharashtraRavi & Beas Water Tribunal1986Punjab, Haryana & RajasthanVansadhara Water Disputes Tribunal2010Andhra Pradesh & Odisha