Economic analysis is necessary to illuminate whether and how water disputes get resolved in india. Well sinkingboreholes, waterworks, groundwater, water charges, authorizationpermit, inspection source. If it appears to the government of any state that a water dispute with the. Oct 22, 2016 article 262 of the constitution of india states that the centre has the power to make any laws regarding the inter state water dispute and may bar the supreme court from exercising jurisdiction over such disputes. The interstate water disputes act 1956 is a reworked arrangement derived from a5 of the goi act 1935 on an argument that there would be few water disputes, the tribunals were resurrected in the 1950s a comprehensive engagement with interstate water disputes is missing in tribunals. Inter state river water disputes act, 1956 as amended in 2002 an act to provide for the adjudication of disputes relating to waters of inter state rivers and river valleys. In exercise of the powers conferred by section of the interstate water. Fao, faolex regulations framed under section one hundred and sixtyfour of the water act, 1956 act no. The interstate river water disputes are governed by the interstate water disputes act, 1956. The inter state water disputes act, 1956 provides for the constitution of tribunals for the adjudication of disputes relating to waters of inter state rivers and river valleys. Inter state river water disputes act, 1956 irwd act was enacted by the parliament of india under article 262 of constitution. The proposed amendment bill to the interstate river water dispute act of 1956, chiefly to set up a permanent, overarching tribunal for all such fights, is welcome given watersharing disputes.
The interstate water disputes act, 1956 provides for the constitution of tribunals for the adjudication of disputes relating to waters of interstate rivers and river valleys. The interstate river water disputes act, 1956 33 of. Be it enacted by parliament in the seventh year of the republic of india as follows. Almost all the major rivers of the country are interstate rivers and their waters are shared by two or more than two states. Indias experience the interstate water disputes act seems to provide fairly clear procedures for handling disputes. Both the parliament and state can legislate in respect of water supplies, irrigation, etc. Its purpose is to resolve the water disputes that would arise in the use, control. The act provides for the adjudication of disputes relating to waters of interstate rivers and river valleys. An act to provide for the adjudication of disputes relating to water of inter. Interstate river water disputes are on the rise on account of increase in water demands by the states. Thus, it can be said that the award of the tribunal formed under the interstate water disputes act, 1956 eclipses the supreme courts jurisdiction.
The interstate water disputes act of 1956 was legislated to deal with conflicts, and included provisions for the establishment of tribunals to adjudicate where direct. Interstate river water disputes act, 1956 as amended in 2002 an act to provide for the adjudication of disputes relating to waters of interstate rivers and river valleys. Be it cnactcd by parliament in the seventh year of the republic of india as tollows. Pursuant to article 262 of the constitution, the parliament enacted on august 28, 1956, the inter state water disputes act, 1956 act 33 of 1956. An act to provide for the adjudication of disputes relating to waters of interstate rivers and river valleys.
No, the centre had opposed the supreme court hearing appeals filed by tamil nadu, karnataka and kerala against the tribunal decision. The inter state river water disputes are governed by the inter state water disputes act, 1956. Under this act, if a state government or governments approach the centre for the constitution of a tribunal, the government may form a tribunal after trying to resolve the dispute through consultations. Using of river water resources among the states inter. Complaints by state governments as to water disputes. The only legislation dealing with interstate water disputes is the interstate water disputes act, 1956. Using of river water resources among the states inter state. When any request under section 3 is received from any state government in respect of any water dispute and the central government is of opinion that the water dispute cannot be settled by negotiations, the central government shall, within a period not exceeding one year from the date of receipt of such request, by notification in the official gazette, constitute a water disputes tribunal for. Based on this requests central government set up a tribunal in 1969 under the state water disputes act 1956 to resolve the disputes among the states which are mentioned in the first line. Inter state relations inter state council and water disputes. Thus it can be seen that the resolution of water dispute is governed by the interstate water disputes act, 1956. Short title and extent 1 this act may be called the inter state water disputes.
In these rules i the actmeans the interstate water disputes act, 1956 33 of 1956. According to the centre, the supreme court was barred under article 262 3 and provisions of the interstate water disputes act, 1956 from entertaining appeals under article 6 against the cauvery tribunals award. Supreme court of india passed the much awaited 465page judgment on cauvery water dispute on feb 16, 2018. Article 262 of the indian constitution provides a role for the.
The inter state river water disputes isrwd act 1956 provides limited scope for resolving dispute betweenamong. Section 6 of the act provides that the decision of a tribunal shall be final and binding on the parties to the dispute and shall be given effect to by them. Under its provisions, the disputes are to be adjudicated by adhoc, temporary and exclusive tribunals. As per the interstate river water disputes act, 1956 isrwd act, 1956 when the water dispute arises among two or more state governments, the central government receives a request under section 3 of the act from any of the basis states with regard to existence of water dispute. Section 2c of the act defines water dispute as any dispute or difference between two or more state governments with respect to i the use, distribution or control. After independence, demand for water had been increasing at an accelerated rate due to rapid. Under this act, a separate tribunal has to be established for each inter state river water dispute. An act to provide for the adjudication of disputes relating to waters of inter state rivers and river valleys. Article 262 of the constitution of india states that the centre has the power to make any laws regarding the inter state water dispute and may bar the supreme court from exercising jurisdiction over such disputes. Usually tribunals were headed by the former supreme court judges, and this tribunal was headed by r. Homethe interstate river water disputes act, 1956 33 of 1956 as modified up to 6th august,2002. There are many laws and statutes which regulate the usage of water and also ensure the prevention of disputes regarding water. Under the act, a state government may request the central government to refer an interstate river dispute to a tribunal for adjudication. The interstate water disputes act, 1956 the act defines a water dispute mainly as any dispute between two or more states regarding the.
The interstate river water disputes act, 1956 irwd act is an act of the parliament of india enacted under article 262 of constitution of india on the eve of reorganization of states on linguistic basis to resolve the water disputes that would arise in the use, control and distribution of an interstate river or river valley. River waters use harnessing is included in states jurisdiction entry 17 of state list. The interstate water disputes act, 1956 provides for the adjudicatory. Oct 20, 2016 it means that award of water tribunal appointed under a law to resolve interstate water dispute would be final and deemed to have the force of a supreme court order or decree. It amends the interstate river water disputes act, 1956. The only legislation dealing with inter state water disputes is the inter state water disputes act, 1956. The interstate river water disputes act, 1956 irwd act is an act of the parliament of india. Interstate river water disputes interstate council. Be it enacted by parliament in the sixtyeighth year of the republic of india as follows. Mar 16, 2017 the proposed amendment bill to the inter state river water dispute act of 1956, chiefly to set up a permanent, overarching tribunal for all such fights, is welcome given water sharing disputes. As per the inter state river water disputes act, 1956 isrwd act, 1956 when the water dispute arises among two or more state governments, the central government receives a request under section 3 of the act from any of the basis states with regard to existence of water dispute. Interstate river water disputes how is interstate river water disputes abbreviated.
Rules regulations notifications orders circulars statutory ordinance statutes. It is laid down that where the government of a state desires to refer any water dispute to a tribunal for adjudication, it should 3 bakshi p. What are the major interstate water disputes in the. Important legislations include the river boards act, 1956 and the inter state water disputes act, 1956, both which have been elaborated upon in this paper, detailing their provisions for adjudication of disputes, advisory opinions, negotiations, and so on. With the development of economy the need for better utilization of natural water resources through dams for. And, section ii of the act excludes the jurisdiction of the supreme court in respect of a water dispute referred to the tribunal.
The present status of various inter state water disputes over the sharing of river water is at annexure. Mar 18, 2014 inter state relations inter state council and water disputes. Most rivers of india are plagued with interstate disputes. The interstate river water disputes isrwd act 1956 provides limited scope for resolving dispute betweenamong the. As per above provisions, parliament has enacted two laws so far a river boards act 1956 provides for regulation and development of inter state river and river valleys and b inter state water disputes act 1956 empowers govt of india to set up a water dispute tribunal for settlement of inter state water disputes bw 2 or more states. Does supreme court of india have authority for interfering in. Since rivers cross state boundaries, disputes are inevitable in this institutional setting. The inter state water dispute act, 1956 which provides the legal framework to address such disputes, suffers from many drawbacks. Section 6 of the act provides that the decision of a tribunal shall be final and binding on the parties.
Dec 19, 2016 about interstate river water disputes act. The interstate river water disputes act, 1956 ministry of water. Section 2c of the act defines water dispute as any dispute or difference between two or more state governments with respect to i the use, distribution or control of the water of, or in, any interstate river or river valley. This is article dealing with the two most controversial issues prevailing in the country, i. Parliament has enacted the interstate river water disputes act, 1956. The interstate water disputes amendment act 2002 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the interstate water disputes amendment act 2002 national security, others, procedural and. 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 water disputes and interlinking of rivers in india by shreya tripathi, n. All inter state water disputes pdf download ias,ssc,upsc,cds,nda nearly, most of the major rivers of the country are interstate rivers and their waters are pooled by two or more than two states.
Its purpose is to resolve the water disputes that would arise in the use, control and distribution of an interstate river or river valley. That act has now been superseded by the water resources management act. These rules may be called the interstate water disputes rules. It then provides a historical perspective on interstate river water dispute resolution. An act to provide for the adjudication of disputes relating to water of inter state rivers and river valleys. Interstate river water disputes amendment bill 2019 pdf. At the same time, however, the law permits considerable discretion, and different disputes have followed quite different paths to settlement, or in a few cases, continued. The interstate water disputes act 1956 india water portal. Homethe inter state river water disputes act, 1956 33 of 1956 as modified up to 6th august,2002. What are the major interstate water disputes in the country. Following this, the parliament enacted the inter state water disputes act, 1956, according to which tribunals are set up for adjudication of water disputes referred to them. Recently, the supreme court gave a verdict about cauvery water releasing where it asked karnataka government to live and let live. An act to provide for the adjudication of disputes relating to water of interstate rivers and river valleys.
The constitution, under article 262, bars the jurisdiction of the supreme court or any other court over interstate water disputes. After the cauvery water disputes tribunal declared its award on feb 5, 2007, a number of appeals were filed in the sc, challenging the tribunal award, including those by. Interstate river water disputes amendment bill, 2017 ias. Interstate river water disputes amendment bill, 2017. This act was repealed by the water resources management act 24 of 2004 gg 3357, which never came into force. The interstate river water disputes act, 1956 33 of 1956. Why interstate water disputes are difficult to manage or. The interstate river water disputes act 1956 provides for the resolution of disputes. The inter state river water disputes act 1956 law senate. Though the current interstate river water disputes act 1956 provides for a legal framework, it suffers from many drawbacks. The interstate river water disputes amendment bill, 2017 a bill further to amend the interstate river water disputes act, 1956. Form and manner in which a complaint as to any water ispllte may be made. Water act 54 of 1956 sa and the reference to the water act in section 33 of act 2 of 1980 was deleted altogether by the water amendment act 4 of 1982 og 4617. Mar 15, 2017 inter state river water disputes are on the rise on account of increase in water demands by the states.
The interstate river water disputes act, 1956 33 of 19561 as modified up to 28th march 2002 28th august 1956 an act to provide for the adjudication of disputes relating to waters of interstate rivers and river valleys. All inter state water disputes pdf download ias,ssc,upsc. Following this, the parliament enacted the interstate water disputes act, 1956, according to which tribunals are set up for adjudication of water disputes referred to them. Interstate water disputes in india, which surveys these disputes, among other matters. Disputes act, 195633 of 1956, the central government, after consultation with. It means that award of water tribunal appointed under a law to resolve interstate water dispute would be final and deemed to have the force of a supreme court order or decree. Does supreme court of india have authority for interfering. The inter state water disputes act of 1956 was legislated to deal with conflicts, and included provisions for the establishment of tribunals to adjudicate where direct negotiations have failed. The interstate river water disputes amendment bill. Be it enacted by parliament in the seventh year of the republic of india as follows 1. The act defines the meaning of the term water dispute as difference or dispute between two or more state governments with.
After the cauvery water disputes tribunal declared its award on feb 5, 2007, a number of appeals were filed in the sc, challenging the tribunal award, including those by karnataka and tamil nadu. Nevertheless, water disputes are sometimes settled. Interstate river water disputes act, 1956 irwd act was enacted by the parliament of india under article 262 of constitution. Although in federal system, each state or unit has complete sovereignty in their territorial limits but these states or units can never remain in isolation from each other, so it is necessary to lays down certain rules of comity which units or states are required to observe and follow while contacting with each other. Interstate river water disputes act 1956 irwd act was first enacted on 28th august, 1956 by indian parliament on the eve of reorganization of states on linguistic basis to resolve the water disputes that would arise in the use, control and distribution of an interstate river or river valley. The interstate water disputes act of 1956 was legislated to deal with conflicts, and included provisions for the establishment of tribunals to adjudicate where direct negotiations have failed. The present mechanism to resolve the interstate river water disputes in india. In india the water resources are the most important resources which serve around 67% of the total population through irrigation for the purpose of farming. Interstate river water disputes how is interstate river. We have interstate water disputes act, 1956 as one of the major enactments among them. In this essay, i will argue that the constitutional provision of keeping the supreme court out of the decision making process, though enacted with cogent reasoning, is flawed and has not been effective.
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