Question

The Inter-State River Water Disputes are one of the most contentious issues in the Indian federalism today. India should look ahead for a new mechanism rather than tribunals. Explain.

Answer 1

Approach:

• You can start with some background of Inter-State River Water Disputes in India
• What are the reasons for the development of the inter-state river water disputes
• With some examples highlight the major issues with the tribunals
• Suggest some new mechanism rather than tribunals

Inter- State River water disputes:
The Inter-State River Water Disputes are one of the most contiguous issues between number of states in India. The availability of water in India varies in both time and space in India. This results in the demand for release of river water by the lower riparian state from the upper riparian state. Some of the reasons for the development of the inter-state river water disputes are:

• Deficient monsoon rainfall.
• Urbanisation and increased water demand of cities.
• Inefficient irrigation practices.
• Expansion of the agricultural areas.
• Rise in demand of water by industries.
• Poor water management policies.

Along with the above reasons the attitude of the people in water utilisation is the major cause of efficient use of water resources.

Inter-State River water dispute tribunals:
Article. 262 of the Indian constitution deals with the adjudication of the inter-state river disputes. Accordingly Inter-State River water disputes tribunal act, 1956 was enacted for adjudication of disputes relating to waters of inter-State rivers and river valleys. Many tribunals are formed so far on the request of the state governments. At present there are five tribunals functioning and they are

• Krishna Water Disputes Tribunal -II for Karnataka, Telangana, Andhra Pradesh and Maharashtra.
• Mahanadi Water Disputes Tribunal for Odisha and Chhattisgarh.
• Mahadayi Water Disputes Tribunal for Goa, Karnataka and Maharashtra.
• Ravi & Beas Water Tribunal for Punjab, Haryana and Rajasthan.
• Vansadhara Water Disputes Tribunal for Andhra Pradesh &Odisha.

The cauvery water dispute tribunal was dissolved in July, 2018 on notification of cauvery water management scheme. The major issue with the tribunals is the inordinate delay in giving the verdict. The implementation of the verdicts are further delayed due appeals to the Supreme courts. This defeats the spirit of tribunal formation for the river water disputes.

Alternative mechanism:
One of the already existing provisions which can be exploited for river water disputes is formation of River Boards under the River Boards Act, 1956. The river boards will helps in comprehensive management of the rivers by the river boards which reduces disputes between states. In addition to the river boards the following avenues can be considered:

• Nationalisation of the inter-state rivers.
• Dispute redressal through Interstate council.
• Formation of the dispute resolution committee before going to tribunals.
• Operation of dams under the control of the central water commission.

In addition parallel measures should also be taken in the areas of efficient irrigation systems, recycling of water for industrial needs, recharge of groundwater systems, restoration of wetlands and water bodies, campaigns to change the attitude of the people and interlinking of in water usage among others on the demand side of water usage.

Conclusion:
The proposal to form the permanent river water dispute tribunals under the Inter-State River Water Disputes (Amendment) Bill, 2017 is a welcome development. It reduces the need to set up a separate Tribunal for each water dispute which is invariably a time consuming process. From previous experiences, it may also lead to inordinate delay if there is a lack of cooperation between states. Hence the issue has to be approached in a comprehensive manner from both the demand and supply side management with active coordination between states.