Describe the various mechanisms available for the resolution of disputes concerning the use, distribution or control of inter-state waters. Also, state the reasons for their limited success.
Introduction
Inter-state water disputes are a serious challenge to cooperative federalism as is evident in the ongoing dispute of Cauvery water sharing.
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Main Body
Inter-state water disputes are a serious challenge to cooperative federalism as is evident in the ongoing dispute of Cauvery water sharing.
Inter-state Water Disputes:
Mechanism for dispute resolution:
1. Constitutional - under Art.262, the central government can constitute 'Inter-State Water Disputes Act'
2. Statutory - River Boards Act - Parliament can constitute river boards to regulate water issue
3. Writ Petition by affected citizens - eg. Ranga Reddy Residents welfare case in Supreme Court
4. Voluntary Measures - by Negotiation, mediation, good offices
5. Other - Inter-state Council under Art.263
to decide such disputes eg. Cauvery tribunal, Acharya tribunal
2. Statutory: River Boards Act - Parliament can constitute river boards to regulate water issue
3. Writ Petition by affected citizens - eg. Ranga Reddy Residents welfare case in Supreme Court
4. Voluntary Measures - by Negotiation, mediation, good offices
5. Other - Inter-state Council under Art.263
Reasons for limited success:
1. Significant delays eg. Godavari tribunal took 11 years to give judgment
2. Politicisation of water and related issues as in Cauvery
3. Delay in constituting tribunal
4. Appellate jurisdiction of supreme court against award of tribunal, eg. Sutlez dispute Punjab and Haryana
5. Non-implementation and contempt of tribunal's award eg. Sutlez dispute Punjab and Haryana
6. Lack of cooperation and heightened animosity between state
7. Regional identity invocation to direct attention
Way Forward:
1. Conservation of water and conservative agricultural practices (Mitti Shai Farmed)
2. Permanent tribunal to adjudicate disputes in time bound manner
3. Contempt powers to tribunal
4. Wider stakeholder involvement - NGOs, farmer groups, media, political leaders etc.
This can endue a consensus led approach on successful lines as done in Vienna airport dispute.
Conclusion
This can endue a consensus led approach on successful lines as done in Vienna airport dispute.
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Diagram
Flow diagram showing Inter-state Water Disputes Resolution mechanisms including Constitutional and Statutory provisions
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Page 29
DEVANSH SARSWAT
Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances
Federal Structure Challenges
Inter-state Water Disputes
347
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