Write short note on Inter-state disputes.
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The Interstate River Water Disputes Act, 1956(IRWD Act) is an Act of the Parliament of Indiaenacted under Article 262 of Constitution of India on the eve of reorganization of states on linguistic basis to resolve the water disputes that would arise in the use, control and distribution of an interstate river[1] or river valley.[2] Article 262 of the Indian Constitutionprovides a role for the Central government in adjudicating conflicts surrounding inter-state rivers that arise among the state/regional governments.[3] This Act further has undergone amendments subsequently and its most recent amendment took place in the year 2002.
River waters use / harnessing is included in states jurisdiction (entry 17 of state list, Schedule 7 of Indian Constitution). 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 of union list, Schedule 7 of Indian Constitution). When public interest is served, President may also establish an interstate council as per Article 263 to inquire and recommend on the dispute that has arisen between the states of India. IRWD Act (section 2c2) validates the previous agreements (if any) among the basin states to harness water of an interstate river/ river valley. This act is confined to states of India and not applicable to union territories. Only concerned state governments are entitled to participate in the tribunal adjudication and non government entities are not permitted.
Any river water sharing treaty made with other countries, has to be ratified by the Parliament per Article 253 and all the riparian states of India per Article 252 to make the treaty constitutionally valid or enforceable by the judiciary as India follows dualist theory for the implementation of international treaties/laws. Indian government has signed Indus Waters Treaty with Pakistan, Ganga water sharing treaty with Bangladesh, etc without the ratification by the Parliament and the concerned riparian states.
River waters use / harnessing is included in states jurisdiction (entry 17 of state list, Schedule 7 of Indian Constitution). 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 of union list, Schedule 7 of Indian Constitution). When public interest is served, President may also establish an interstate council as per Article 263 to inquire and recommend on the dispute that has arisen between the states of India. IRWD Act (section 2c2) validates the previous agreements (if any) among the basin states to harness water of an interstate river/ river valley. This act is confined to states of India and not applicable to union territories. Only concerned state governments are entitled to participate in the tribunal adjudication and non government entities are not permitted.
Any river water sharing treaty made with other countries, has to be ratified by the Parliament per Article 253 and all the riparian states of India per Article 252 to make the treaty constitutionally valid or enforceable by the judiciary as India follows dualist theory for the implementation of international treaties/laws. Indian government has signed Indus Waters Treaty with Pakistan, Ganga water sharing treaty with Bangladesh, etc without the ratification by the Parliament and the concerned riparian states.
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Inter-state disputes are disputes which take place among states over a subject matter such as water and its share, drainage, embankments, and water power, etc.
Explanation:
- The regulation of such river disputes is given to the Union government.
- The government form tribunals for amicably resolving the dispute when the state with an upstream river creates problems for downstream states or the states do not share the water adequately.
- Thus, the power is given to the Parliament to formulate law and the judiciary is banned to take steps in such matters.
Learn more about Inter-state Disputes:
What are inter state water disputes? why are such issues raised? give some examples of such disputes
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Why inter-state water disputes are kept outside supreme court?
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