Inter-State Water Disputes in India: List of Disputes, Overview & Causes | UPSC

Inter-state water disputes in India are the result of clashing interests of at least two states in the utilisation, distribution, and regulation of inter-state rivers and river basins. These controversies are critical and sensitive issues of Indian federalism, as water is a state subject. However, the integrated management and construction of river systems that cross-state boundaries often requires the central government's intervention.

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This topic of "Inter-State Water Disputes in India" is essential from the perspective of the UPSC IAS Examination, which falls under General Studies Paper 2 (Mains) and General Studies Paper 1 (Preliminary) and particularly in the Indian Polity section of the UPSC Exam. In this article, we shall discuss the 'Inter-State Water Disputes in India' and learn about Inter-State River Water Disputes in India, the Interstate Water Disputes Act, and More facts for the UPSC Exam!

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What are Inter-State Water Disputes in India?

Inter-state water Disputes in India are conflicts between two or more states over water use, distribution, and control from rivers that flow across state boundaries. This kind of conflict occurs because several states rely on standard river basins to irrigate, obtain drinking water, and do business. Under the Indian Constitution, when disputes cannot be settled through negotiation among states, central government intervention may exist under the Inter-State River Water Disputes Act,1956, to resolve the conflicts. These are amongst the central agitations in Indian federalism and governance.

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Overview and Causes

The states of India currently have numerous rivers, leading to natural complexities in water sharing. Causes of dispute essential to note are:

• Competing interests: States upstream would like to irrigate and drink, and industry uses the river's water before the water comes to the states downstream. There is a tendency for the downstream states to experience lower supply.
• Population and agriculture: As population increases and more agriculture is done, more water will be required.
• Hydro-politics: Politics also played a significant role in some cases, exaggerating other differences between states.
• Lack of river basin agencies: There is a lack of cooperative river basin management; river basin agencies would fail to work together, thus giving birth to unilateral actions and mistrust.
• Climate variability: Droughts, floods and rainfall patterns also make distribution uneasy.

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Constitutional and Legal Framework

The Nation is in the Indian Constitution under Entry 17 of the State List, with water supply, irrigation, and water storage being mainly a state subject. However, under Entry 56 of the Union List, the central government can control and develop the inter-state rivers and valleys to further the people's interest.

Article 262 of the Constitution specifically provides for:

• Parliament will legislate the adjudication of inter-state water disputes.
• Parliament should prohibit the Supreme Court or any other courts from having jurisdiction over such disputes.

Based on this, the Interstate River Water Disputes Act (IRWD Act) of 1956 was enacted. This Act enables states to request the central government to constitute a Water Disputes Tribunal when disputes cannot be resolved through negotiation.

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Mechanism and Process for Resolution

• When dispute negotiation fails, the central government forms a tribunal, typically comprising a chairman and two members nominated by the Chief Justice of India from the Supreme Court or high court judges.
• The tribunal's decision is binding and aimed to resolve use, control, or distribution disputes.
• The Act has been amended (notably in 2002) to impose strict timelines for tribunal formation (1 year) and decision delivery (3 years), following recommendations of the Sarkaria Commission.

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List of Inter-State Water Disputes

The Interstate River Water Disputes Act allows for settling disputes between interstate rivers and river valleys. Current streams of action are inter-state river water dispute tribunals, as follows:

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Challenges in Dispute Resolution

• Delays: The tribunals face significant delays in formation and verdict delivery beyond stipulated timelines.
• Implementation issues: Even after tribunal decisions, enforcement remains weak due to political resistance.
• Lack of cooperation: States often prioritise their interests, reducing trust and collaborative approaches.
• Limited stakeholder involvement: The focus is primarily on states and their governments, while local people and ecology are often neglected.
   

Toward Cooperative Federalism

Experts suggest that the traditional approach focusing on state interests alone is insufficient. There is a growing emphasis on:

• Collaborative governance mechanisms,
• Involving stakeholders for equitable use,
• River basin-based integrated water resource management (IWRM),
• Enhancing capacity, financing, and institutional reforms,
• Promoting cooperative federalism where central and state governments work together transparently.

International Treaties

India also shares rivers with neighbouring countries and has signed treaties like the Indus Waters Treaty (with Pakistan) and the Ganga water sharing with Bangladesh. These treaties require parliamentary ratification and allocation between Indian riparian states as per Articles 262 and 253 of the Constitution.

Constitutional Provisions & Central Water Laws

Article 246 of the Indian Constitution addresses the subject of laws made by the Parliament and state legislatures.

The responsibilities of the Centre and the States regarding the new legislation are divided into three categories.

• The Union List (List-1)
• The State List (List-2)
• The Concurrent List (List-3)

The topiwater 'wate' is addressed in Entry 17 of List -2, i.e., the State List. This entry is subject to the provisions of Entry 56 of List -1, the Union List. However, the various provisions in this regard are as follows:

List – 1 Union List

Regulation and development of interstate rivers and river valleys are covered by Entry 56 of List I, the Union List, to the extent that Parliament has declared such regulation and development necessary and in the public interest.

List – 2 State List

• List 2 entry number 17 Water, that is, water supplies, irrigation and canals, drainage and embankments, water storage, and water power as defined in List I Entry 56.
• Thus, Article 262 of the Indian Constitution deals with adjudicating water disputes. The provisions in this regard are as follows:

• Article 262 (1): The use, distribution, or control of any interstate river's or river valley's waters may be the subject of a legal provision made by Parliament or the Union legislation that will govern how disputes or complaints will be resolved.
• Article 262(2): Regardless of what is stated in this Constitution, Parliament may, by law, provide that neither the Supreme Court nor any other court shall have jurisdiction over any such dispute or complaint referred to in Article 262 (1).
• The Indian Parliament has enacted four acts under the above Constitutional provisions, three under Entry 56 of List I, namely:
• River Boards Act 1956
• Betwa River Board Act 1976
• Brahmaputra Board Act 1980
• And one under Article 262, namely:
• Inter-State River Water Disputes Act, 1956

River Boards Act 1956

The River Boards Act of 1956 enabled the Union Government to establish Boards for Interstate Rivers and River Valleys in consultation with State Governments.

• A River Board is formed at the request of the concerned state governments to advise them.
• The goal of the Boards is to provide advice on the inter-state basin to prepare development plans and avoid conflict.
• However, a river board has yet to be established under the River Board Act.

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What is a Water Dispute Tribunal?

The Water Dispute Tribunal is a quasi-judicial body established under the Inter-State Water Disputes Act of 1956. This is formed to address and resolve water disputes between conflicting parties.

Active River Water Dispute Tribunals in India

Issues with Interstate Water Dispute Tribunals

The Interstate Water Dispute Tribunal faces several challenges, including:

• Protracted proceedings and significant delays in resolving disputes, as seen in the cases of the River Godavari and Cauvery water disputes.
• Limited transparency in the institutional framework and rules governing the proceedings and ensuring compliance.
• The tribunal's composition needs more multidisciplinary representation, consisting solely of members from the judiciary.
• The finality of the tribunal's verdict can be challenged in the Supreme Court, leading to prolonged legal battles.
• More authoritative water data is acceptable to all parties, making it difficult to establish a baseline for adjudication.
• The nexus between water and politics influences the politicisation of water-sharing disputes.
• The shift from a deliberative to an adversarial approach in tribunal proceedings contributed to lengthy litigation and politicisation.
• The involvement of multiple stakeholders from different governments and agencies complicates discretionary powers at various process stages.
• The complexities arising from India's federal structure and colonial legacy in handling water disputes.

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Interstate Water Disputes Act 1956

On the eve of the linguistic reorganisation of states, the Indian Parliament passed the Interstate River Water Disputes Act, 1956 (IRWD Act) under Article 262 of the Indian Constitution to resolve water disputes that would arise in the use, control, and distribution of an interstate river or river valley.

• Article 262 of the Indian Constitution establishes a role for the Union government in resolving interstate river disputes between state/regional governments.
• This Act has since been amended, with the most recent changes occurring in 2002 and 2017.
• Provisions of the Act: If a concerned state or states approach the Union Government for the establishment of the tribunal:
• The Central Government should attempt to resolve the issue through consultation with the aggrieved states.
• If it does not work, it may be used to form a tribunal.

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Inter-State River Water Disputes Amendment Bill, 2019

The Inter-State River Water Disputes (Amendment) Bill 2019 is a revised version of the Inter-State River Water Disputes (Amendment) Bill 2017.

The latest bill incorporates five significant new elements:

• Permanent Tribunal: The central government will establish a permanent Inter-State River Water Disputes Tribunal to resolve water disputes, replacing existing tribunals.
• Disputes Resolution Committee: A Disputes Resolution Committee (DRC) will be formed by the central government when a state requests the resolution of a water dispute. The DRC will consist of a central government-nominated expert and representatives from each state involved in the dispute.
• Fixed Time Frame: The Tribunal must issue its decision within three years, extendable by two years under the Act. Under the Bill, the proposed Tribunal must issue its decision within two years, extendable by one more year.
• Data Bank: The central government must maintain a national data bank and information system for each river basin, with an appointed agent to manage it.
• Composition of the Tribunal: The Tribunal includes a Chairperson, Vice-Chairperson, judicial members, and expert members. The Bill allows the appointment of two Central Water Engineering Service experts as assessors, who should not be residents of the involved state, to advise the Tribunal.

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Measures to Resolve Inter-State Water Disputes

• The central government should establish a council with representatives from all states. The council should make decisions by consensus, meaning that everyone agrees.
• States should be encouraged to use water wisely and to collect and store rainwater. This will help reduce the demand for river water and other local water sources.
• The central government should create a single agency to manage groundwater and surface water. This agency should provide technical advice on water conservation and management to:
  • the central government, 
  • river basin authorities, 
  • state governments, and 
  • district governments.
• Tribunals set up to resolve water disputes should be fast-tracked and technical. They should also have a way to enforce their decisions quickly.
• The central government should create a central water database. This helps make informed decisions about water management.
• The central government should be more active in resolving water disputes between states.

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Conclusion

The Union Government's proposal to establish a permanent tribunal to hear inter-state river water disputes could be a significant step toward streamlining the dispute resolution mechanism. However, this won't be sufficient to address all of the issues, such as political, legal, administrative, and constitutional ones, that are plaguing the overall framework.

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