Introduction 

• Water, being a finite and essential natural resource, has increasingly become a source of inter-state conflicts in India.  
• As the demand for water continues to rise due to population growth, urbanization, industrialization, and agricultural expansion, the equitable distribution and management of water resources has emerged as a critical challenge to cooperative federalism.  
• As water scarcity intensifies due to climate change and increasing demand, the need for an equitable, efficient, and environmentally sustainable water management system becomes even more pressing.  

Constitutional Provisions 

Distribution of Legislative Powers 

• Entry 17 of the State List (List II, Seventh Schedule) vests the State governments with primary authority over water resources, including water supply, irrigation, canals, drainage, embankments, water storage, and hydropower. 
• Entry 56 of the Union List (List I, Seventh Schedule) empowers the Union Government to regulate and develop inter-state rivers and river valleys to the extent declared by Parliament to be expedient in the public interest. 

Special Provisions for Water Disputes 

• Article 262(1) authorizes Parliament to provide by law for the adjudication of any dispute or complaint with respect to the use, distribution, or control of waters of any inter-state river or river valley. 
• Article 262(2) enables Parliament to legislate that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such water dispute. 

Statutory Framework 

River Boards Act, 1956 

• Enacted pursuant to Article 262, this Act empowers the Government of India to establish boards for inter-state rivers and river valleys in consultation with state governments. 
• The boards are intended to advise on and coordinate the development of inter-state rivers and river valleys. 
• Notably, as of the date of this document, no river board has been created under this Act. 

Inter-State River Water Disputes Act, 1956 

Dispute Resolution Mechanism: 

• When a state government approaches the Central Government with a water dispute, the Central Government shall first attempt to resolve it through consultation among the aggrieved states. 
• If consultative resolution fails, the Central Government shall constitute a Water Disputes Tribunal for the adjudication of the dispute. 

Composition of Tribunal: 

• The Tribunal consists of a chairperson and two other members nominated by the Chief Justice of India from among judges of the Supreme Court or High Courts. 

Powers and Functions of Tribunal: 

• The Tribunal is empowered to investigate and adjudicate the water dispute. 
• It may, if necessary, appoint assessors to advise on technical matters. 
• The decision of the Tribunal shall be binding on all parties to the dispute. 

Jurisdictional Exclusivity: 

• Neither the Supreme Court nor any other court shall have jurisdiction in respect of any water dispute referred to a Tribunal. 
• However, the Supreme Court can question the working of the Tribunal but not the award or formula given by it.

2002 Amendment to the Inter-State Water Disputes Act, 1956 

• Incorporated the recommendations of the Sarkaria Commission on Centre-State Relations. 
• Established time frames for dispute resolution: 
  • One-year timeframe for the establishment of a water disputes tribunal. 
  • Three-year timeframe for the tribunal to provide its decision. 

Current Challenges in Water Dispute Resolution 

Procedural Inefficiencies 

• Protracted Proceedings: Despite statutory timeframes, water disputes such as the Godavari and Cauvery disputes have experienced significant delays in resolution. 
• Opacity in Institutional Framework: The procedural guidelines governing the tribunals' proceedings lack transparency and clarity. 
• Enforcement Challenges: There is no clear mechanism to ensure compliance with tribunal awards. 

Structural Limitations 

• Non-Multidisciplinary Composition: Tribunals are predominantly composed of members from the judiciary without adequate representation of technical experts in hydrology, water management, and environmental science. 
• Data Deficiency: The absence of reliable and mutually acceptable water data makes it difficult to establish a baseline for adjudication. 

Political Complications 

• Politicization of Water Disputes: Water disputes have increasingly become entangled with politics, transforming them into arenas for vote bank politics. 
• Defiance and Subversion: Political interests have led to increasing defiance by states, extended litigation, and subversion of resolution mechanisms. 

Recommendations For Enhanced Dispute Resolution 

Institutional Reforms 

• Integration with Inter-State Council: Inter-state water disputes should be brought under the purview of the Inter-State Council established by the President under Article 263 to promote consensus-based decision making. 
• Single Water Management Agency: Establish a comprehensive water management authority with jurisdiction over both ground and surface water, providing technical advice at union, river basin, state, and district levels. 

Procedural Improvements 

• Fast-Track Tribunals: Tribunals should operate on a fast-track basis with robust technical support and enforceable verdict mechanisms. 
• Data Repository: Develop a central repository of water data to facilitate informed decision-making. 

Policy Initiatives 

• Water Use Efficiency: States should be incentivized to improve water use efficiency across all sectors and promote water harvesting and recharging to reduce dependence on river water. 
• Central Government's Role: The central government should take a more proactive role in resolving inter-state water disputes and ensuring equitable water distribution. 

Conclusion 

The resolution of inter-state water disputes remains a critical challenge to India's federal structure and sustainable water resource management. While the constitutional and statutory framework provides a foundation for addressing these disputes, significant reforms are needed to enhance the efficiency, transparency, and effectiveness of the dispute resolution mechanism. By adopting a more holistic, science-based, and cooperative approach to water governance, India can transform water from being a source of conflict to a catalyst for regional cooperation and sustainable development.