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Interstate River Water Disputes in India - Coggle Diagram
Interstate River Water Disputes in India
What is it?
Confined to states of India and not applicable to UTs
Only concerned state governments are entitled to participate in the tribunal adjudication
Provision for Tribunal: Article 262 of the Indian Constitution
K'taka CM said: IRDA is creating more disputes than resolving them
To resolve the water disputes that would arise in the use, control and distribution of an interstate river or river valley
Jurisdictions over Rivers
Centre has to take approval of the riparian states’ legislature assemblies before passing such bill in the Parliament per Article 252 of the constitution
In public interest, Union government can make laws on regulation and development of inter-State rivers and river valleys
When public interest is served, President may also establish an interstate council as per Article 263
River waters use / harnessing is included in states jurisdiction
Resolution of disputes
After receiving a complaint from a state, the Union government first tries to mediate
When negotiations fail the Centre is required to form a tribunal
Dispute resolution is a layered process
If a dispute cannot be settled by negotiations, then a Tribunal is constituted
Constitution of Tribunal
Tribunal shall adjudicate and investigate the matters referred to it by the centre
Other investigations such as water pollution, water quality deterioration, flood control etc.
Section 4 of IRWD Act provides for a Tribunal.
Time-frame for dispute resolution
2002 Amendment to the ISWD Act specified a one-year limit
Three years to arrive at a final decision, extendable by two years
Issues with the IWRD Act
The apex court has limited the role of the tribunals to quantification and allocation of water
Various operational characteristics of the tribunals as problematic
River water falls within the ambit of State Subjects
Sittings are not routine, the functioning is outside the regular court system
Colonial rule has led to the creation of asymmetries between states, and the present water disputes
Why this has become a sensitive topic?
Matter of autonomy
Identity politics has begun over such disputes
Associated ethnicity esp .in Southern States
Need for the IWRD Act
Equitable distribution of water
Hydro-politics in states
Major inter-state river basins
Lack of an integrated ecosystems approach
Way forward
These should operate simultaneously along with adjudication
Political consensus among the riparian states
Recourses such as mediation and conciliation must remain viable option
Directly approaching the Supreme Court must be exceptional