Abstract

India’s water federalism is at a crossroads. It is a unique two-tier system that has the constitutional and enabling provisions for water management and inter-state water dispute resolution as its base. These support the tribunal system that adjudicates inter-state river water disputes and administers water justice. More than six decades have elapsed since its establishment. At the same time, during this period, the per capita water availability has fallen drastically. India is now one of the world’s most water-stressed countries. Water disputes between States are becoming more animated and highly volatile. This article examines water federalism in India in terms of two questions: 1) Should water be transferred from the State List to the Concurrent List? 2) Should India persist with the tribunal system or replace it with the judicial process at the Supreme Court level? The first assumes importance as India persists with the river linking project. The second is relevant because the Inter-State River Water Disputes Act is almost 65 years old. In 2016, India’s Supreme Court re-wrote the law, and, more recently, the Union Government sought to revamp the Inter-State River Water Disputes Act through amendments. All these impel the need to re-look the idea of water federalism as it operates in India in its entirety.

Highlights

  • Of all the natural resources on the earth, it is water that is quintessential to life.[1]

  • This article examines water federalism in India in terms of two questions: 1) Should water be transferred from the State List to the Concurrent List? 2) Should India persist with the tribunal system or replace it with the judicial process at the Supreme Court level? The first assumes importance as India persists with the river linking project

  • In 2002, Karnataka complained to the Government of India under the ISRWD Act, 1956.261 Their primary grievance was that Andhra Pradesh was utilizing the surplus water by constructing permanent large-scale projects and was refusing to share the same with the other riparian States

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Summary

INTRODUCTION

Of all the natural resources on the earth, it is water that is quintessential to life.[1]. See NATIONAL WATER DEVELOPMENT AGENCY, NOTE ON INTERLINKING OF RIVERS PROJECTS IN THE COUNTRY: DETAILS AND STATUS http://nwda.gov.in/upload/uploadfiles/files/Note%20on%20interlinking.pdf (providing an overview of the inter-linking project) (last visited Dec. 5, 2021); See NATIONAL WATER DEVELOPMENT AGENCY, ILR IN PARLIAMENT In responding to these questions, this article is organized as follows. The article concludes in Part V by re-emphasizing the need to strengthen the nature of India’s water federalism

COOPERATIVE WATER FEDERALISM IN INDIA
TRIBUNALIZING WATER JUSTICE OR THE CAULDRON OF WATER CONFLICTS?
The Narmada Water Dispute
The Krishna Water Dispute
The Godavari Water Dispute
The Ravi-Beas Water Dispute
The Vansadhara Water Dispute
The Mahadayi Water Dispute
The Cauvery Water Dispute
Discussion
WATER FEDERALISM AND TRIBUNALIZATION: A NEED TO REFORM THE SYSTEM?
CONCLUSION
Narmada Water Disputes Tribunal
Krishna Water Disputes Tribunal -II
Mahadayi Water Disputes Tribunal
Mahanadi Water Disputes Tribunal

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