Constitutional Distribution of Legislative Powers over Water

The Constitution treats water mainly as a State List subject, while permitting Union intervention in specified national, inter-State and international situations. Legislative competence is distributed primarily through Article 246 and the Seventh Schedule. This distribution allocates law-making authority; it does not itself determine ownership or each State's share of river water.

Basic distribution of legislative competence

Under Article 246, State legislatures ordinarily make laws on matters in the State List, subject to Parliament's superior competence over Union List matters.

• Entry 17 of the State List covers water supplies, irrigation, canals, drainage, embankments, water storage and water power.
• State competence under Entry 17 is expressly subject to Entry 56 of the Union List.
• Entry 56 empowers Parliament to regulate and develop inter-State rivers and river valleys to the extent that Parliament declares Union control expedient in the public interest.

Inter-State river-water disputes

Article 262 authorises Parliament to provide for adjudication of disputes concerning the use, distribution or control of waters of an inter-State river or river valley. Parliament may also exclude the jurisdiction of the Supreme Court and other courts over such disputes.

• The Inter-State River Water Disputes Act, 1956 provides the statutory mechanism for adjudication through tribunals.

Transboundary waters and treaties

International water arrangements fall within the Union's treaty-related competence. Entry 14 of the Union List covers entering into and implementing treaties and agreements with foreign countries.

• Under Article 253, Parliament may legislate for implementing an international treaty, agreement, convention or decision, even where its subject would ordinarily fall within the State List.
• Thus, States administer many domestic water matters, but the Union possesses constitutional competence concerning foreign agreements and their legislative implementation.

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