Article 262 and Inter-State Water Disputes

Article 262 empowers Parliament to create a legal mechanism for adjudicating disputes concerning the use, distribution or control of the waters of an inter-State river or river valley. It also permits Parliament to exclude the jurisdiction of the Supreme Court and all other courts over such disputes. Parliament has exercised this power principally through the Inter-State River Water Disputes Act, 1956.

Constitutional distribution of powers

The framework combines State competence over water with Union authority over inter-State rivers and parliamentary power to establish a special adjudicatory mechanism.

• Entry 17 of the State List covers water supplies, irrigation, canals, drainage, embankments, water storage and water power, subject to Entry 56 of the Union List.
• Entry 56 of the Union List empowers Parliament to regulate and develop inter-State rivers and river valleys to the extent that it declares such regulation and development by the Union expedient in the public interest.
• Article 262 specifically addresses disputes relating to the use, distribution or control of the waters of an inter-State river or river valley.

Scope and effect of Article 262

• Article 262(1) authorises Parliament to provide by law for adjudication of an inter-State river-water dispute or complaint.
• Article 262(2) authorises Parliament, notwithstanding anything in the Constitution, to exclude the jurisdiction of the Supreme Court and other courts over such disputes or complaints.
• The exclusion of judicial jurisdiction is enabling rather than automatic: it operates through a law made by Parliament.

Statutory adjudication under the 1956 Act

The Inter-State River Water Disputes Act, 1956 establishes the principal mechanism for resolving such disputes when inter-governmental efforts do not produce a settlement.

• A State government may request the Union government to refer a water dispute for adjudication under the Act.
• When the statutory conditions are satisfied, the Union government constitutes a Water Disputes Tribunal for the particular dispute.
• The tribunal investigates the dispute and gives its decision, which is published by the Union government in the Official Gazette.
• The tribunal's published decision is final and binding on the parties and is given the same force as an order or decree of the Supreme Court.
• Section 11 of the Act excludes the jurisdiction of the Supreme Court and other courts in respect of a water dispute that may be referred to a tribunal under the Act.

Regulation and adjudication distinguished

Adjudication under the Inter-State River Water Disputes Act is distinct from cooperative regulation and development under the River Boards Act, 1956.

• The River Boards Act enables the Union government to establish river boards for advising governments on the regulation and development of inter-State rivers and river valleys.
• River boards perform advisory and coordinating functions; adjudication of water disputes is undertaken through tribunals constituted under the Inter-State River Water Disputes Act.

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