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Subject: Polity
Topic: River Water Disputes In India
The Seventh Schedule of the Constitution contains the legislative powers of federal and state governments. Water is a state subject and is included as entry 17 in list 2 (i.e., subject matters for state legislation). This entry reads: тАЬWater, that is to say, water supplies, Irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of Entry 56 of List 1тАЭ. The role of federal government is stipulated in entry 56 of List 1: тАЬRegulation and development of inter-State rivers and river valleys to the extent to which such regulation and development under the control of the Union is declared by The Parliament by law to be expedient in the public interestтАЭ.
When a тАЬWater disputeтАЭ arises between two or more state governments, the following is the procedure to resolve the same:
Article 262 of the constitution empowers the Parliament to make laws for the adjudication of inter-state water disputes. That article also permits the Parliament to exclude such disputes from being referred to the Supreme Court.
The Inter States Water Disputes (ISWD) Act, 1956, was enacted by the Parliament to deal with inter-state water disputes. Government of India can set up a tribunal to settle such a dispute when one or more riparian states of an inter-state is/are of the opinion that their interests are (or are likely to be) affected by actions or plans of other states, they can request the government of India to constitute a tribunal under the Act. Within a year тАШof receiving such a request and when convinced that such dispute cannot be resolved through negotiations, the government of India shall constitute a tribunal to hear the disputes concerning claims of water sharing and adjudicate an award. Such a tribunal should have three members who should be judges of the supreme court or the high court and are appointed by the Chief Justice of India; the government of India can appoint up to two persons to assist the tribunal; after considering all the aspects as may be necessary, the tribunal gives its report to the government of India; if the riparian states or the government of India need any clarification, they can apply seeking such clarification from the tribunal within 90 days; the tribunal may give further clarifications. Then the report, called award, is published by the government of India in the official gazette. Once it is published, the award is binding on all the Parties and it is deemed equivalent to an order or decree of the Supreme Court. The act also empowers the central government to make schemes and constitute an authority to implement the tribunalтАЩs award.
So far, five Inter-state water disputes tribunals have been constituted
- Krishna Water Disputes Tribunal (1969- 1976)
- Narmada Water Disputes Tribunal (1969- 1979)
- Godavari Water Disputes Tribunal (1969- 1980)
- Ravi and beas Waters Tribunal (1986 and report is still to be submitted)
- Cauvery Water Disputes Tribunal (1990-2007).
Changes in the 1956 Act made in 2002 by Parliament
The fo1lowing provisions were introduced through an amendment to the 1956 Act in 2002
- The limit of one year from the date of receipt of a request by government of India to constitution of a tribunal
- The requirement for the tribunal to give its award within three years (with a provision that government of India can extend this by another two years)
- The provision for central government to appoint two assessors to assist the tribunal.
River Boards Act, 1956
In order to promote integrated and optimum development of waters of inter-state river and river valleys, under Entry 56 of List-I of the Constitution (Union List), Parliament enacted the River Boards Act, 1956. The Act contemplated the appointment of river boards by the central government in consultation with the state governments. These boards are expected to promote development of irrigation, drainage, water supply, flood control and hydro-electric power.
Cauvery Water dispute
┬а The Cauvery Water Disputes TribunalтАЩs final verdict has granted Tamil Nadu 419 thousand million cubic feet (tmcft) of water out of the 740 tmcft in the river basin, though the actual release from Karnataka to Tamil Nadu will be only 192 tmcft annually.
Karnataka, which was allocated 270 tmcft of the water, has decided to file a review petition before the same panel. Kerala is granted 30 tmcft Puducherry the fourth riparian state (UT) has been granted seven tmcft of water out of the 192 for Tamil Nadu.
The tribunal was constituted in 1990 and had given an interim order allocating 205 tmcft of water to Tamil Nadu in 1991. The final order would supersede the agreements of 1892 and 1924 between the then governments Madras and Mysore.