Federal Approach in Resolving Centre-State Water Dispute in India
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According to eminent Greek philosopher Pindar, “Water is the best of all things". Throughout the history water has been considered a natural resource critical to human survival. India is one of the largest countries in the world with diversified and multifaceted cultural, geographical, economic and social dimensions. There are many rivers which flow across India in various States from Kashmir to Kanya Kumari. There is always a demand by various states for the equitable share in interstate river water in order to fulfill their various needs. Conflict between states over the equitable distribution of natural resources including river waters is an age-old phenomenon in human society and history. Water resource scarcities are not only likely to lead wars of new millennium but such a scenario can also have security implications which could translate into regional security problems. India also is not a stranger to these conflicts. India is a federal democracy. Interstate (River) Water Disputes (ISWDs) are a continuing challenge to federal water governance in India. The provisions of the Constitution relating to interstate water dispute give a good instance of co-operative federalism. In India water is primarily falls under State list, except in case of interstate rivers where the Central government can intervene. However, powers of the river board created under River Boards Act, 1956 only have advisory powers. There have been instances where States have refused to accept the decision of tribunals rendering the arbitration not binding, which makes the Indian water dispute settlement mechanisms further ambiguous and opaque. The recent reforms proposed by the government are based on sound principles and may be effective in the immediate term. But in the long-term, several practical reasons necessitate the revisiting of interstate water governance in conjunction with focus on the Centre-State relations. At this juncture, this paper focuses on various constitutional and legal provisions devised to resolve inter-state water disputes and their short comings and presents some recommendations, including the setting up of an independent federated institution to adjudicate and negotiate between the parties to the dispute within a fixed time period.
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- [1]Sayanangshu Modak Ambar Kumar Ghosh and J.M Mauskar, Federalism and Interstate River Water Governance in India, https://www.orfonline.org (published on Jan 04th 2021).accessed on 23/05/2024 [2]Constitution of India Act , 1950, a 246 [3]1983 [4]Alan Richard & Nirvikar SinghInter State Water Disputes in India: Institutions and Policies,(published Jan 2004) https://www.researchgate.net accessed on 23/05/2024 [5]Government of India, 1988 [6]resulting in a "vertical fiscal imbalance" [7]Union List [8]Entry 17 [9]Supra note 2 [10]Bardhan, 1984 [11]Supra Note 4 [12]Government of India, Ministry of Irrigation, 1980 [13]Supra Note 4 [14]Supra Note 4 [15]National Water Resource Council [16]Inter State Water Disputes Act, 1956 [17]Government of India, 1988, Chapter 17.4.18, p. 491 [18]Ibid [19]Section 9 of the ISWD Act, reproduced in Ramana, 1992, p. 60 [20]Supra Note 14 [21] Ramana, 1992, p. 90 [22]Supra note 21 [23]1969, Chapter V [24]Ibid [25]Sayanangshu Modak & Ambar Kumar Ghosh, Federalismand Interstate River Water Governance in India, (published on 4th January 2024) https://www.orfonline.orgaccessed on 23/04/2024 [26]political or administrative [27]economic and social planning [28]Supra Note 24 [29]Supra Note 27 [30]Ibid [31]Supra Note 4 [32]Ibid [33]ISWD - Inter State Water Dispute [34]Supra Note 4 [35]Supra Note 34 [36]The Draft River Basin Management Bill, 2018 [37] The Draft River Basin Management 2018 [38]Supra Note 4 [39]1983 [40]A Commission on Centre-State relations, 2007 [41]Damodar Valley Corporation, 1948 [42]P Ishwar Bhat, Inter-State & International Water Disputes, (2013), I edition, Eastern Book Company, Lucknow [43]Supra Note 25 [44]NCRWC - The National Council for Review of Working of the Constitution [45]Inter-state Water Disputes in India- UPSC(published on 14th December 2021)https://lotusarise.com/inter-state-water-disputes-in-india-upscaccessed on 23/04/2024 [46]Supra Note 25 [47]Lotus Arise, Inter-state Water Disputes in India- UPSC(published on 14th December 2021)https://lotusarise.com/inter-state-water-disputes-in-india-upscaccessed on 23/04/2024 [48]Ibid [49]Supra note 48