The Cauldron of Water Conflict
By Vansh Tayal, Symbiosis Law School, Pune.*
Abstract
A strong illustration of cooperative federalism is provided by the Constitution's provisions related to interstate water disputes. In India, state governments are primarily in charge of managing water resources, with the exception of interstate rivers. It is where the federal government may step in. India is primarily served by the Peninsular River network and the Great Himalayan Drainage System. Home to 14 major interstate rivers, India always finds itself amid an interstate river water dispute. To cope with it, the government devised a couple of acts and legislation to help mediate the situation. One such act is the River Boards Act of 1956. However, the board was merely given consultative powers. Owing to this, states occasionally declined to abide by tribunal rulings, making the arbitration non-binding and adding to the ambiguity and obscurity of the Indian water dispute resolution processes.
This study will shed light upon those government mechanisms put in place. Further, it dwells upon the shortcomings and loose structure that is responsible for giving rise to delayed/ unresolved disputes. At the same time, it highlights the measures undertaken by the government to stabilize the situation and the stringent measures that are necessary for further advancement of the resolution mechanism.
Keywords: Water Dispute, Hydro-politics, Tribalisation, Adjudication, River, Inter-State, Riparian, River Board, Article 262.
* The author is a second-year Law student pursuing BBA LL.B. (Hons.) from Symbiosis Law School, Pune.
