Inter-State River Water Sharing and Legal Framework in India

Inter-State River Water Sharing and Legal Framework in India

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Why in News

  • During the presentation of the Tamil Nadu state budget, Finance Minister N. Marie Wilson stated that the state government will protect its rightful share of inter-state river waters.

Overview of Inter-State River Waters

  • Inter-state river water includes water resources from rivers, streams, and river valleys that flow across or create boundaries between two or more states.
  • Because natural river basins do not follow political state boundaries, managing and sharing these water resources requires inter-state coordination and federal dispute resolution systems.

Constitutional Provisions

  • Article 262 of the Constitution provides the framework for adjudicating disputes relating to inter-state rivers and river valleys.
  • Article 262(1) gives Parliament the power to make laws for resolving disputes regarding the use, distribution, or control of inter-state waters.
  • Article 262(2) allows Parliament to restrict the Supreme Court or any other court from exercising jurisdiction over these river water disputes.
  • Under the Seventh Schedule, Entry 17 of the State List (List II) covers water supplies, irrigation, canals, drainage, and water storage, subject to central laws.
  • Under Entry 56 of the Union List (List I), the Central Government can regulate and develop inter-state rivers when Parliament decides it is necessary in the public interest.

Key Laws and Their Features

  • Parliament passed the Inter-State River Water Disputes (ISRWD) Act, 1956 under Article 262 to handle water conflicts between states.
  • When direct negotiations between states fail, the Central Government forms an ad-hoc Inter-State Water Dispute Tribunal to settle the issue.
  • A decision given by this Tribunal holds the same legal weight as a Supreme Court order and binds all states involved in the dispute.
  • The law prevents regular courts, including the Supreme Court, from hearing appeals against decisions made by the Tribunal under standard jurisdiction.
  • Parliament enacted the River Boards Act, 1956 under Entry 56 of the Union List to support the regulation and growth of inter-state river basins.
  • This law permits the Central Government to establish River Boards either on its own initiative or when state governments request one.
  • These River Boards act as advisory bodies to guide states on river basin planning, flood management, soil conservation, and irrigation development.