W.B.C.S Main Exam-Geography Optional Paper 2-2018-Question

1)Analyse in detail the inter-state water dispute with reference to sharing of Kaveri river water. Describe how far India has been successful in developing solar power as a non-conventional energy source.

Inter-State River Water Disputes

The Inter-State River Water Disputes are one of the most contiguous issues in the Indian federalism today. In the extreme cases, it may hamper the relationship between the different states. The recent cases of the Cauvery Water Dispute and the Satluj Yamuna Link Canal case are examples.Continue Reading W.B.C.S Main Exam-Geography Optional Paper 2-2018-Question.

Various Inter-State Water Disputes Tribunals have been constituted so far, but it had its own problems. In this article, we analyze whether it’s time for a new mechanism.

Water in the Constitution of India

Water is a State subject as per entry 17 of State List and thus states are empowered to enact legislation on water.

1. Entry 17 of State List deals with water i.e. water supply, irrigation, canal, drainage, embankments, water storage and water power.
2. Entry 56 of Union List gives power to the Union Government for the regulation and development of interstate rivers and river valleys to the extent declared by Parliament to be expedient in the public interest.

Article 262 of Indian constitution

Constituent Assembly anticipated the emergence of water disputes in future. A specific provision of Article 262 is mentioned in the constitution itself due to the sensitivity of such disputes.

In the case of disputes relating to waters, Article 262 provides:

• Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.
• Notwithstanding anything in this Constitution, Parliament may, by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint.

Parliament has enacted two laws according to Article 262

1) River Board Act, 1956

The purpose of this Act was to enable the Union Government to create Boards for Interstate Rivers and river valleys in consultation with State Governments. The objective of Boards is to advise on the inter-state basin to prepare development scheme and to prevent the emergence of conflicts.

Note: Till date, no river board as per above Act has been created.

2) Inter-State Water Dispute Act, 1956

Provisions of the Act: In case, if a particular state or states approach to Union Government for the constitution of the tribunal:

1. Central Government should try to resolve the matter by consultation among the aggrieved states.
2. In case, if it does not work, then it may constitute the tribunal.

Note: Supreme Court shall not question the Award or formula given by tribunal but it can question the working of the tribunal.

The composition of the River Water Tribunal: Tribunal is constituted by the Chief Justice of India and it consists of the sitting judge of Supreme Court and the other two judges who can be from Supreme Court or High Court.

The Present Mechanism to resolve the inter-state river water disputes in India

Thus it can be seen that – the resolution of water dispute is governed by the Inter-State Water Disputes Act, 1956. According to its provisions, a state government can approach the Centre to refer the dispute to a tribunal, whose decision is considered final.

Inter-State river water disputes under the Inter-State River Water Disputes Act (ISRWD), 1956

Inter-State Water Dispute Act, 1956: Extra Ordinary Delays in the execution and implementation

• Many times there have been extraordinary delays in constituting the tribunal. For example, in the case of Godavari water dispute, the request was made in 1962. The tribunal was constituted in 1968 and the award was given in 1979 which was published in the Gazette in 1980.
• Similarly, in Cauvery Water Dispute, Tamil Nadu Government requested to constitute the tribunal in 1970. Only after the intervention of Supreme Court, the tribunal was constituted in 1990.
• Due to delay in constituting the tribunal, state governments continued to invest resources in the construction and modification of dams, thus strengthening their claims.

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