India accounts for nearly 18% of the global population but possesses only 4% of the world's renewable water resources. The country faces significant challenges due to uneven water distribution, leading to frequent disputes between states over the sharing of river waters.
Inter-State Water disputes in India
Constitutional Status
- Entry 17 (State List): Water supply, irrigation, canals, drainage, and water storage.
- Entry 56 (Union List): Regulation of inter-state rivers and river valleys.
- Article 262: Parliament can legislate on inter-state water disputes and exclude Supreme Court jurisdiction.
- Article 131: Original jurisdiction of SC in inter-state disputes (but limited by Article 262).
Legal Framework
1. Inter-State River Water Disputes Act (1956)
Tribunal Composition (Section 4):
- Chairperson: Sitting or retired Supreme Court Judge or High Court Chief Justice
- Members: 2 other judges (SC/HC) + 2 technical experts (water resources/engineering)
- Assessors: Technical advisors appointed as needed
Process:
- Central government forms tribunal upon state request
- Tribunal investigates and gives binding award (published in official gazette)
- Award has same force as Supreme Court order (enforceable under Article 144)
Amendment (2002 & 2019):
- 2002: Single tribunal (Inter-State River Water Disputes Tribunal) with multiple benches.
- 2019: Dispute Resolution Committee (DRC) before tribunal, fixed timelines (4+1 years).
2. River Boards Act (1956)
- Purpose: Advisory role for development of inter-state rivers
Composition (Section 3):
- Chairperson: Central government nominee (usually Secretary, Ministry of Jal Shakti)
- Members: Representatives from concerned states + technical experts
Functions (Section 4):
- Advise on flood control, irrigation, hydro-power
- Prepare schemes for equitable water distribution
- Limitation: Recommendations are not legally binding
Major Inter-State River Water Disputes & Tribunals
1. Krishna River Dispute
- States Involved: Maharashtra, Andhra Pradesh, Karnataka, Telangana
- Tribunal: Krishna Water Disputes Tribunal I (1969) & II (2004)
- Status: KWDT-II allocated water (2010); Telangana seeks review.
2. Cauvery River Dispute
- States Involved: Karnataka, Tamil Nadu, Kerala, Puducherry
- Tribunal: Cauvery Water Disputes Tribunal (1990)
- Status: SC modified award (2018); Cauvery Water Management Authority (CWMA) oversees implementation.
3. Godavari River Dispute
- States Involved: Andhra Pradesh, Telangana, Odisha, Chhattisgarh
- Tribunal: Godavari Water Disputes Tribunal (1969)
- Status: Settled (1980).
4. Narmada River Dispute
- States Involved: Gujarat, Madhya Pradesh, Maharashtra, Rajasthan
- Tribunal: Narmada Water Disputes Tribunal (1969)
- Status: Final award (1979); Sardar Sarovar Dam operational.
5. Mahadayi/Mandovi River Dispute
- States Involved: Goa, Karnataka, Maharashtra
- Tribunal: Mahadayi Water Disputes Tribunal (2010)
- Status: Final award (2018); Karnataka seeks share for drinking water.
6. Ravi & Beas Rivers Dispute
- States Involved: Punjab, Haryana, Rajasthan
- Tribunal: Ravi & Beas Waters Tribunal (1986)
- Status: SC intervened (2020); Punjab opposes Sutlej-Yamuna Link (SYL) canal.
7. Vamsadhara River Dispute
- States Involved: Odisha, Andhra Pradesh
- Tribunal: Vamsadhara Tribunal (2010)
- Status: Ongoing.
8. Mahanadi River Dispute
- States Involved: Odisha, Chhattisgarh
- Tribunal: Mahanadi Tribunal (2018)
- Status: Ongoing.
9. Sutlej-Yamuna Link (SYL) Canal Dispute
- States Involved: Punjab vs Haryana (with Rajasthan as beneficiary)
- Tribunal: Eradi Tribunal (1986)
Other Important Tribunals/Commissions
- Bansagar Tribunal (1976): UP, MP, Bihar.
- Krishna-Godavari (Doab) Dispute: AP-Telangana (new disputes post-bifurcation).
Present Status & Recent Developments
- 2023: Cauvery dispute escalated due to monsoon deficit; CWMA directed Karnataka to release water to TN.
- 2024: Mahadayi dispute remains unresolved as Goa opposes Karnataka’s diversion plan.
- New Tribunals: No new tribunals formed recently; focus on dispute resolution via negotiations.
Key Points for UPSC/PSC Exams
- Judicial Exclusion: SC cannot intervene in tribunal-referred disputes (Article 262).
- Delays: Tribunals take decades (Cauvery: 28 years; Mahadayi: 8+ years).
- River Boards Act (1956): Advisory role, not enforceable.
- National Water Policy (2012): Advocates equitable sharing but not legally binding.
Conclusion: Water disputes remain politically sensitive; tribunals are slow, leading to reliance on SC intervention. Recent amendments aim for faster resolution.
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