Inter-State River Water Disputes Act, 1956

The Act empowers the Central Government to constitute a Water Disputes Tribunal upon receiving a request from a state government regarding a water dispute with another state. This means that if Andhra Pradesh believes Telangana is unfairly using Krishna River water, Andhra Pradesh can ask the Central Government to form a Tribunal to investigate and adjudicate the matter.

The Tribunal consists of a chairman and other members appointed by the Chief Justice of India from among judges of the Supreme Court or High Courts. This ensures that the Tribunal has the necessary legal expertise and impartiality to make fair decisions. For example, a retired Supreme Court judge might head a tribunal dealing with the Cauvery water dispute.

The Tribunal's decision is final and binding on the parties to the dispute. This means that once the Tribunal issues its award, the states involved are legally obligated to comply with it. However, the Supreme Court can hear appeals on questions of law, providing a check on the Tribunal's decisions.

The Act specifies a timeline for the Tribunal to submit its report to the Central Government, which is typically 3 years, extendable by a maximum of 2 years. This timeline is intended to expedite the resolution of disputes, but in practice, many Tribunals have taken much longer to reach a decision due to the complexity of the issues involved.

The Central Government is responsible for implementing the Tribunal's award. This includes ensuring that the states involved comply with the award's provisions and that the necessary infrastructure is built to facilitate the sharing of water resources. For example, the Central Government might oversee the construction of canals or dams to ensure that water is distributed according to the Tribunal's decision.

The Act prohibits states from unilaterally taking actions that could prejudice the interests of other states in the use of inter-state rivers. This means that if Karnataka wants to build a dam on the Cauvery River, it must consult with Tamil Nadu and other riparian states to ensure that their water rights are not adversely affected.

The Act provides for the establishment of a River Boards Act, 1956, which allows the Central Government to establish River Boards for the regulation and development of inter-state rivers and river valleys. However, this provision has not been widely used, and most river management is still done by individual states.

One of the main criticisms of the Act is the lengthy delays in the adjudication of disputes. Tribunals often take many years, sometimes decades, to reach a decision, which can exacerbate tensions between states and hinder development. This is why the 2002 amendment tried to set stricter timelines.

The Act focuses primarily on the allocation of water resources and does not adequately address other important aspects of river management, such as environmental protection, pollution control, and groundwater management. This is a limitation because rivers are complex ecosystems, and a holistic approach is needed to ensure their sustainable use.

The Inter-State River Water Disputes Act differs significantly from international water law, which emphasizes cooperation and equitable utilization of shared water resources. While the Act provides a mechanism for resolving disputes, it does not always promote a spirit of collaboration and joint management among states.

The UPSC examiner often tests on the composition of the tribunal, the timelines involved in dispute resolution, and the challenges in implementing the tribunal awards. They also ask about the constitutional provisions related to water resources and the role of the central government in resolving inter-state disputes.

A practical implication of this Act is that it can significantly impact the livelihoods of farmers and other people who depend on inter-state rivers for their water needs. A Tribunal's decision can affect the amount of water available for irrigation, which can have a direct impact on agricultural production and rural incomes.