Governance of inter-state rivers in India suffers from various issues due to (conflictual federalism). Discuss. Also, highlight the mechanisms which can be utilised to resolve inter-state river water disputes in India. (Answer in 250 words)
Main Body
Article 262 of Indian constitution deals with governance of inter-state rivers
Issues due to conflictual federalism:
1. Complex and opaque nature of inter-state water tribunals - (e) appointments
2. Politicization of issue which leads to holding of relative injustice or deprivation during award
3. Non-compliance inter tribunal awards
4. Extremely difficult and technical issue due to non-uniform flow of Indian rivers, complex terrain
6. Insufficient data regarding water flow and non-sharing of such data across present
Mechanisms available:
Way Forward:
Inter-states rivers is a multipronged, unrestricted domain issue that can only be solved through dialogue and discussions with national stakeholders
Blend of rigidity and flexibility to allow for constitutional experience as well as adaptability
(e): Not as flexible as UK or as rigid as American
(e): All official languages of India we so launched struggle for linguistic-to groups
(g): As good mix of western and indigenous values made as: 'Secular' from west while different form of secularism already existing in Indian
(h) Guaranties not just political legality but also social and economic equality in welfares Discipline Principles
Indian constitution was enacted on 26th January 1950 after long deliberation in the constituent assembly under Cabinet missions
Difference from contemporary:
(e): Parliamentary system from UK but Judicial system from USA
(e): Not as flexible as UK or as rigid as American
(e): All official languages of India we so launched struggle for linguistic-to groups
(g): As good mix of western and indigenous values made as: 'Secular' from west while different form of secularism already existing in Indian
(h) Guaranties not just political legality but also social and economic equality in welfares Discipline Principles
of State Policy
(a) Protect individual as rule as community rights (e): Art 25-30 Due to accommodation of various demands and nature of formulation process, Indian constitution has been successful in maintaining democratic order for 75 years while many contemporary have failed
Conclusion
Inter-states rivers is a multipronged, unrestricted domain issue that can only be solved through dialogue and discussions with national stakeholders (g): Guaranties not just political legality but also social and economic equality in welfare Discipline Principles Due to accommodation of various demands and nature of formulation process, Indian constitution has been successful in maintaining democratic order for 75 years while many contemporary have failed
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Page 29
Hrishikesh Rajendra
Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances
Federalism
Inter-state River Disputes
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