Essay water disputes between states in federal india
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The Inter-State River Water Disputes are one of the most contiguous issues in the Indian federalism today. In the extreme cases, it may hamper the relationship between the different states. The recent cases of the Cauvery Water Dispute and the Satluj Yamuna Link Canal case are examples.
Various Inter-State Water Disputes Tribunals have been constituted so far, but it had its own problems. In this article, we analyze whether it’s time for a new mechanism
Water is a State subject as per entry 17 of State List and thus states are empowered to enact legislation on water.
Entry 17 of State List deals with water i.e. water supply, irrigation, canal, drainage, embankments, water storage and water power.
Entry 56 of Union List gives power to the Union Government for the regulation and development of interstate rivers and river valleys to the extent declared by Parliament to be expedient in the public interest.
Article 262 of Indian constitution:
Constituent Assembly anticipated the emergence of water disputes in future. A specific provision of Article 262 is mentioned in the constitution itself due to the sensitivity of such disputes.
In the case of disputes relating to waters, Article 262 provides:
Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.
Notwithstanding anything in this Constitution, Parliament may, by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint.
Parliament has enacted two laws according to Article 262:
1) River Board Act, 1956
The purpose of this Act was to enable the Union Government to create Boards for Interstate Rivers and river valleys in consultation with State Governments. The objective of Boards is to advise on the inter-state basin to prepare development scheme and to prevent the emergence of conflicts.
Note: Till date, no river board as per above Act has been created.
2) Inter-State Water Dispute Act, 1956
Provisions of the Act: In case, if a particular state or states approach to Union Government for the constitution of the tribunal:
Central Government should try to resolve the matter by consultation among the aggrieved states.
In case, if it does not work, then it may constitute the tribunal.
Note: Supreme Court shall not question the Award or formula given by tribunal but it can question the working of the tribunal.
The composition of the River Water Tribunal: Tribunal is constituted by the Chief Justice of India and it consists of the sitting judge of Supreme Court and the other two judges who can be from Supreme Court or High Court.
only this I can help but I hope it will help you
Various Inter-State Water Disputes Tribunals have been constituted so far, but it had its own problems. In this article, we analyze whether it’s time for a new mechanism
Water is a State subject as per entry 17 of State List and thus states are empowered to enact legislation on water.
Entry 17 of State List deals with water i.e. water supply, irrigation, canal, drainage, embankments, water storage and water power.
Entry 56 of Union List gives power to the Union Government for the regulation and development of interstate rivers and river valleys to the extent declared by Parliament to be expedient in the public interest.
Article 262 of Indian constitution:
Constituent Assembly anticipated the emergence of water disputes in future. A specific provision of Article 262 is mentioned in the constitution itself due to the sensitivity of such disputes.
In the case of disputes relating to waters, Article 262 provides:
Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.
Notwithstanding anything in this Constitution, Parliament may, by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint.
Parliament has enacted two laws according to Article 262:
1) River Board Act, 1956
The purpose of this Act was to enable the Union Government to create Boards for Interstate Rivers and river valleys in consultation with State Governments. The objective of Boards is to advise on the inter-state basin to prepare development scheme and to prevent the emergence of conflicts.
Note: Till date, no river board as per above Act has been created.
2) Inter-State Water Dispute Act, 1956
Provisions of the Act: In case, if a particular state or states approach to Union Government for the constitution of the tribunal:
Central Government should try to resolve the matter by consultation among the aggrieved states.
In case, if it does not work, then it may constitute the tribunal.
Note: Supreme Court shall not question the Award or formula given by tribunal but it can question the working of the tribunal.
The composition of the River Water Tribunal: Tribunal is constituted by the Chief Justice of India and it consists of the sitting judge of Supreme Court and the other two judges who can be from Supreme Court or High Court.
only this I can help but I hope it will help you
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Water dispute is type of conflict that raises between people of different states in India.This conflict can be based upon accessing of water resources, scarcity of water ,territorial conflict ,etc for river water or other such water bodies.
In India, there are many states that experience water dispute due to water resource and their approaching method.Usually people of different states are not ready for sharing water or water resources with other states that generates conflict between them.
Example of water disputed states are :Tamil Nadu, Karnataka,Pondicerry and Kerala for Kaveri river water dispute of sharing of water.
Learn more:-
Article on water dispute
brainly.in/question/3816221
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