Context: During the presentation of Tamil Nadu’s state budget, Finance Minister N. Marie Wilson asserted that the state government would safeguard its rightful share of inter-state river waters.
About Inter-State River Water in India:
What It Is?
- Inter-state river water refers to water resources from rivers, streams, and river valleys that flow through, or form boundaries between, two or more states within a nation.
- Because river basins do not conform to state political boundaries, the allocation, management, and sharing of these waters frequently require inter-state coordination and federal adjudication mechanisms.
Constitutional Provisions Associated:
- Article 262 (Adjudication of Disputes):
- Art 262(1): Empowers Parliament to enact laws for the adjudication of any dispute or complaint regarding the use, distribution, or control of the waters of, or in, any inter-state river or river valley.
- Art 262(2): Allows Parliament to exclude the jurisdiction of the Supreme Court or any other court over such disputes or complaints.
- Seventh Schedule Allocation:
- Entry 17, State List (List II): Deals with water supplies, irrigation, canals, drainage, embankments, water storage, and water power, subject to Entry 56 of the Union List.
- Entry 56, Union List (List I): Empowers the Central Government to regulate and develop inter-state rivers and river valleys to the extent declared by Parliament by law in the public interest.
Key Laws Associated & Their Features:
- Inter-State River Water Disputes (ISRWD) Act, 1956:
Enacted under Article 262 of the Constitution to establish a framework for resolving water dispute complaints between states.
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- Tribunal Constitution: If negotiations between states fail, the Central Government constitutes an ad-hoc Inter-State Water Dispute Tribunal to adjudicate the issue.
- Binding Awards: The decision/award rendered by the Tribunal carries the force of a decree of the Supreme Court and is final and binding on the contesting states.
- Exclusion of Court Jurisdiction: Courts (including the Supreme Court) cannot entertain appeals against tribunal awards under standard statutory jurisdiction.
- River Boards Act, 1956:
- Enacted under Entry 56 of the Union List to enable the regulation and development of inter-state rivers and river valleys.
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- Establishment of Boards: Authorizes the Central Government to set up River Boards upon request from state governments or on its own initiative.
- Advisory Role: Designed to advise states on integrated river basin management, flood control, soil conservation, and irrigation development.
