Inter-State River Water Disputes in India: A Study of Water Disputes Between Punjab and Haryana

Abstract

In its 10 November 2016 advisory opinion, the Supreme Court (SC) of India nullified the Punjab Termination of Agreement Act, 2004. This inter-State water sharing termination act of the Punjab government had challenged the constitutional authority of the Union government over the states. The SC looked at that dimension of the Punjab Termination of Agreement Act, 2004, and maintained the constitutional supremacy of the Union government over the states. This article discusses the federal water relationships in India, and then examines the river water disputes between the Indian states of Punjab and Haryana. The author argues that the growing inter-State water disputes in India have also challenged the federal constitutional arrangement which holds the primacy of the Union government over the State governments in matters relating to regulation and development of inter-State waters and river valleys.