Article 262 of Indian Constitution: Adjudication of disputes relating to waters of inter-State rivers or river valleys

Article 262 of Indian Constitution 

Intro: Article 262 of Indian Constitution addresses the adjudication of disputes relating to waters of inter-state rivers or river valleys. It empowers the parliament to enact laws to define the authority and manner in which such disputes can be resolved, effectively placing water disputes between states outside the purview of Supreme Court. This provision reflects the importance of water as a crucial resource and recognizes the potential of water disputes to disrupt harmony between states.

The Original Text of Article 262 of Indian Constitution:

(1) Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.

(2) Notwithstanding anything in this Constitution, Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause (1).

Explanation of Article 262 of Indian Constitution:

Further, Article 262 of Indian Constitution empowers the Parliament in the matters of adjudication of Inter-water disputes. It provides the following provisions:

Parliament will adjudicate complaints on any dispute associated with water use, distribution and management of inter-state rivers and river valleys by enacting legislation.

Parliament can even make arrangements that neither the Supreme Court nor any other court will have jurisdiction in such a dispute.

Under this provision, the Parliament has legislated two laws:

1. River Boards Act, 1956– formed using the power given in entry 56 of the Union list.
2. Inter-State Water Disputes Act, 1956– formed under Article 262.

1. River Boards Act 1956

The Act provides for establishing river boards to regulate and develop inter-state rivers and river valleys. The Central government sets up a river board at the request of the concerned states to advise them.

2. Inter-State Water Disputes Act 1956

The Act provides for adjudication of disputes involving interstate rivers and river valleys.

• Formation of Tribunal: When any request under this Act is received from any State Government involving any water dispute on the inter-state rivers and the Union Government is of the opinion that negotiations cannot settle the water dispute, the Union Government sets up a Water Disputes Tribunal for the adjudication of the water dispute.
• Membership of the Tribunal: The tribunalconsists of a Chairman and two other members, nominated on this behalf by the Chief Justice of India, from judges of the Supreme Court or of a High Court.
• The decision of the tribunal is final and bindingon the parties. The parties must give effect to it.
• The Act bars the jurisdiction of other courts.

So far, nine inter-state river water dispute tribunals have been constituted, of which five are active.

Inter-State Water Tribunals
Tribunal	Year	States Involved
Krishna Water dispute tribunal-I	1969	Maharashtra, Karnataka, Andhra Pradesh
Godavari water dispute tribunal	1969	Maharashtra, Karnataka, Andhra Pradesh, Madhya Pradesh, Odisha
Narmada water dispute tribunal	1969	Rajasthan, Gujarat, Madhya Pradesh, Maharashtra
Ravi & Beas water dispute tribunal	1986	Punjab, Haryana, Rajasthan
Cauvery Water Dispute Tribunal	1990	Karnataka, Kerala, Tamil Nadu, Puducherry
Krishna Water Dispute tribunal-II	2004	Maharashtra, Karnataka, Andhra Pradesh
Vansadhara water dispute tribunal	2010	Odisha and Andhra Pradesh
Mahadayi Water Dispute Tribunal	2010	Goa, Karnataka, Maharashtra
Mahanadi Water Dispute Tribunal	2018	Odisha, Chhattisgarh
* Those highlighted in green are active ones

 Why was an extra-judicial mechanism necessitated in the case of inter-state river disputes?

Article 262 of the Indian Constitution bars the jurisdiction of the Supreme Court or any others for the following reasons:

1. These types of disputes are political in natureand involve the sentiments of people; hence, it is important to approach such issues with extreme sensitivity. Only a political solution can satisfy the demands of the concerned parties.
2. To avoid delay and complexities involved in a litigation process.
3. To ensure speedy and amicable decisions through a quasi-judicial body.
4. To avoid conflicting judgments on the same issue by different courts.
5. To respect the autonomy of states in managing their own water resources.
6. The tribunals are equipped with the requisite expertise and data to deal with such complicated issues; this may not be available in the case of courts.

However, the Supreme Court has asserted its jurisdiction over inter-state river water disputes by invoking its rights under Article 136 (special leave petition) and Article 142 (enforcement of decrees and orders for doing complete justice). The Court held that it could review the tribunal’s decision on the grounds of manifest error, perversity and violation of fundamental rights.

Inter-State River Water Disputes Amendment Bill, 2019

It deals with the shortcomings of the existing Act, such as long-festering delays and lack of transparency in the framework and guidelines of the working of tribunals, the government brought an amendment to the current Act. The key features of this bill are: The bill seeks to establish a central tribunal against numerous tribunals existing currently.   The bill fixes a strict timeline for the adjudication; the tribunal must give its decision within two years, which may be extended to one more year. The bill removes the requirement of publishing the decision in the official gazette.  The bill makes it mandatory for the Central government to make a scheme for the implementation of awards.

Conclusion

Article 262 of Indian Constitution represents a pragmatic approach to the complex issue of inter-state water disputes in India. By allowing Parliament to provide for the resolution of these disputes, it acknowledges the need for specialized mechanisms that understand the technicalities and sensitivities involved. This constitutional provision underscores the significance of cooperative federalism and the need for a conciliatory rather than adversarial approach to managing one of the country’s most vital natural resources.

For further reference:

Read the constitution of India.

Read the interstate relations.

Other Related Links:

Indian Constitution: All Articles and schedules	Article 1 of Indian Constitution
Article 2 of Indian Constitution	Article 3 of Indian Constitution
Article 4 of indian Constitution	Article 5 of Indian Constitution
Fundamental Rights	DPSP
Fundamental Duties	Amendments of the Indian Constitution
Article 261 of Indian Constitution	Article 263 of Indian Constitution