Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Q3. Why have inter-State river-water disputes remained among the most persistent challenges to Indian federalism? Analyse the limitations of the existing tribunal-based dispute-resolution mechanism. Suggest reforms for ensuring timely adjudication and effective implementation. (15 M)
Difficulty Level: Medium
Reference: TH
Why the question
Indian federalism and cooperative governance, as recurring inter-State river disputes expose gaps between constitutional adjudication and effective implementation of water-sharing arrangements.
Key Demand of the question
Explain why inter-State river-water disputes remain persistent, assess the shortcomings of the existing tribunal-based mechanism, and suggest institutional reforms for speedy adjudication and effective implementation.
Structure of the Answer
Introduction:
Briefly introduce the federal complexity of sharing inter-State rivers and mention the constitutional framework under Article 262 and the Inter-State River Water Disputes Act, 1956.Body:
- Persistence of inter-State disputes: Cover the competing riparian interests, political economy, hydrological uncertainties and federal coordination problems that repeatedly generate water conflicts.
- Limitations of tribunal mechanism: Highlight delays in adjudication, fragmented institutional arrangements and difficulties in translating awards into sustained inter-State compliance.
- Reforms for effective resolution: Suggest permanent and time-bound adjudication, credible common data systems, pre-litigation dispute resolution and stronger post-award implementation mechanisms.
Conclusion:
Conclude by emphasising a transition from episodic dispute settlement to cooperative river-basin governance, combining legal certainty with continuous inter-State coordination.
