Inter-State River Water Disputes

An inter-State river water dispute concerns competing claims of two or more States over the use, distribution or control of the waters of an inter-State river or river valley. The Constitution creates a special framework through Article 262, while Parliament supplies the adjudicatory machinery by legislation.

Distribution of legislative powers

Water is primarily a State subject, but inter-State rivers also involve a defined Union role.

• 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 when it declares such action expedient in the public interest.

Special constitutional route for adjudication

Article 262(1) authorises Parliament to provide by law for adjudication of disputes or complaints concerning the use, distribution or control of waters of an inter-State river or river valley. Article 262(2) permits Parliament to exclude the jurisdiction of the Supreme Court and other courts over such disputes.

Statutory tribunal mechanism

Parliament enacted the Inter-State River Water Disputes Act, 1956. A State may request the Union Government to refer a water dispute, and the Union Government may constitute a tribunal when it considers that negotiations cannot settle the dispute.

• The tribunal investigates the dispute and gives its decision, which becomes final and binding on the parties after publication in the Official Gazette.
• The published decision has the same force as an order or decree of the Supreme Court.
• Section 11 invokes the exclusion permitted by Article 262 and bars courts from exercising jurisdiction over water disputes that may be referred under the Act.