Interstate Water Disputes Amendment Bill,2019

Water is an important life resource, and it is abundant on Earth. And water covers roughly 71% of the Earth’s surface. Still, water is a scarce commodity because most of the world’s water is either saline or inaccessible.

The Indian Constitution stipulates the legislative and functional competence of the Union, State, and local governments over ‘Water.’ Only in cases of interstate river water does the Union become involved, as per water in the constitution of India, which makes water largely a state matter.

What Do Researchers Say?

Over 96.5 % of the world’s water is found in the oceans. Besides that, it may be found in the air as vapour, waterways, glaciers, and soil moisture. There is just 2.5 % freshwater on Earth, and only 0.3 % of it is liquid.

By 2030, India’s urban population would exceed 600 million, making water supply a critical worry, according to a joint study by the Ministry of Jal Shakti and Rural Development. According to this data, only 4% of the world’s freshwater resources come from India.

India is an alliance of many states. A constitutional clause directing the transfer of tasks between the state and the local government is referred to as a “Union List,” a “State List,” or a “Concurrent List” (List-III). Article 246 of the water in the constitution of India deals with the subject matter of laws enforced by the Parliament and state legislatures. Disputes between states over river water control and development are common since most of the country’s rivers cross state borders. List-II ( Entry 17 ), i.e. the State List of the Water in the Indian Constitution of India, includes water as a topic. List-I Item 56, i.e. the Union List, applies to this entry.

Article 262 of the Indian Constitution: Resolution of Dispute Involving Water of Inter-State Rivers or River Valleys

(1) By Article 262 of the Indian Constitution, the use, distribution, or control of interstate river or river valley waters may be the subject of legislation from Parliament.

No court, including the Supreme Court, shall have jurisdiction over any dispute or complaint referred to in subsection (1), save as provided for by legislation by Parliament.

Adjudication of Dispute Involving Inter-State Rivers or River Valleys

Article 262 says that Parliament may arrange for adjudication of any dispute or complaint relative to the use, distribution, or management of the waters of any inter-State river or river valley.

The Interstate River Water Dispute Act, 1956 (IRWD Act) is an Act of the Parliament of India. 

There is a role for the government in interstate river disputes between state and regional governments in India, according to Article 262 of the water in the constitution of India.

The Parliament Enacted Two Laws According to Article 262

The Parliament has enacted two laws according to Article 262, they are:

1) The River Board Act of 1956

This Act attempted to allow the Government of the Union to form Boards for inter-state rivers and river valleys in conjunction with state governments. The goal of Boards is to offer suggestions on the interstate disputes to plan expansion and avert conflict.

2) Interstate Water Dispute Resolution Act of 1956

Act provisions include that if a particular state approaches the Union Government about the founding of the tribunal, the Central Government should seek to resolve the situation by consultation with the affected states.

The Amendment

Mr Gajendra Singh Shekhawat, Minister of Jal Shakti, submitted the Inter-State River Water Dispute (Amendment) Bill 2019 in Lok Sabha (July 25, 2019). This measure repeals the 1956 Inter-State River Water Dispute Act, and the Act’s provisions may be used to resolve disputes over international rivers and river valleys.

Inter-state river dispute may be brought before the Act’s Tribunal by a state government requesting the government to do so. A Water Dispute Tribunal must be convened within a year of receiving a complaint by the central government if it believes it cannot be resolved via dialogue alone. The Bill is likely to take the place of this system.

The Interstate River Water Dispute Act lets a state that is upset ask the Centre to send a dispute to a tribunal if rivers or river valleys run through more than one state. Put another way, the Centre is helpless to interfere until the state expressly asks it.

When the acts of one state risk the interests of another state or states, a water dispute occurs. A state can’t represent itself in court, not even in the most serious of disagreements. A state must formally request that the Centre refer an interstate river matter to a tribunal.

Conclusion: 

India has 2.4 % of the world’s land area, 18 % of the world’s population, but just 4 % of the world’s renewable water resources. If sufficient precautions are not taken, the unequal water distribution will raise the potential of a water dispute.

Disputes over river water between states undermine the republic nature of our country and encourage a regional attitude that places regional concerns above national ones.

Consequently, avoiding political opportunism and resolving differences of opinion via debate and discussion is essential. The Inter-State Council, which may serve as a starting point for discussions, may be able to help settle the conflict.