The krishna water disputes tribunal investigated the matters referred to it under section 51 of the interstate water disputes act, 1956 and forwarded its unanimous report and decision under section 5 2 of the said act to the government of india on the. An interstate river water disputes act was enacted in 1956 to give powers to the union government to intervene in disputes surrounding interstate rivers. In these rules i the actmeans the interstate water disputes act, 1956 33 of 1956. In this essay, i will argue that the constitutional provision of keeping the supreme court out of the decision making process, though enacted with cogent reasoning, is flawed and has not been effective.
The interstate river water disputes are governed by the interstate water disputes act, 1956. Drawback in the interstate river water disputes act, 1956. As per above provisions, parliament has enacted two laws so far a river boards act 1956 provides for regulation and development of inter state river and river valleys and b inter state water disputes act 1956 empowers govt of india to set up a water dispute tribunal for settlement of inter state water disputes bw 2 or more states. Interstate water disputes act linter state water disputes act, 1956 was amended in 2002 limportant amendments tribunals to give award within maximum period of six years the decision of the tribunal shall have the same force as an order or decree of the supreme court. The government of odisha had sought to refer the water dispute regarding the interstate river mahanadi and its river valley to a tribunal for adjudication under the interstate river water disputes act, 1956. The interstate water disputes act of 1956 was legislated to deal with conflicts, and included provisions for the establishment of tribunals to adjudicate where direct negotiations ha ve failed. Lok sabha passes interstate river water disputes amendment bill 31 jul, 2019, 01. The interstate river water disputes act, 1956 ministry of water. All inter state water disputes pdf download ias,ssc,upsc,cds,nda nearly, most of the major rivers of the country are interstate rivers and their waters are pooled by two or more than two states. The interstate water disputes act, 1956 the act defines a water dispute mainly as any dispute between two or more states regarding the use, distribution or control of the waters of, or in, any interstate river or river valley, or the interpretation of the terms of any agreement relating to. Following this, the parliament enacted the interstate water disputes act, 1956, according to which tribunals are set up for adjudication of water disputes referred to them. Report of the krishna water disputes tribunal under section 53 of the inter state water disputes act, 1956 by contributor. Cabinet approves interstate river water disputes amendment bill, 2019.
Thus it can be seen that the resolution of water dispute is governed by the interstate water disputes act, 1956. Interstate river water disputes act, 1956 irwd act was enacted by the parliament of india under article 262 of constitution. The present mechanism to resolve the interstate river water disputes in india. Interstate river water sharing disputes drishti ias. Whenever the riparian states are not able to reach amicable agreements on their own in sharing of an interstate river waters, section 4 of irwd act provides dispute resolution process in the form of tribunal. These rules may be called the interstate water disputes rules. The proposed amendment bill to the interstate river water dispute act of 1956, chiefly to set up a permanent, overarching tribunal for all such fights, is welcome given watersharing disputes. As per the interstate river water disputes act, 1956 isrwd act, 1956 when the water dispute arises among two or more state governments, the central government receives a request under section 3 of the act from any of the basin. However, states have sometimes refused to accept the decisions of tribunals. As per the interstate river water disputes act, 1956 isrwd act, 1956 when the water dispute arises among two or more state governments, the central government receives a request under section 3 of the act from any of the basis states with regard to existence of water dispute. Be it enacted by parliament in the seventh year of the republic of india as follows 1.
The resolution of water dispute is governed by the interstate river water disputes act, 1956. Be it enacted by parliament in the sixtyeighth year of the republic of india as follows. No, the centre had opposed the supreme court hearing appeals filed by tamil nadu, karnataka and kerala against the tribunal decision. The interstate river water disputes act, 1956 irwd act is an act of the parliament of india. Adjudication of disputes relating to waters of interstate rivers or river valleys. An act further to amend the inter state water disputes act, 1956. Short title and extent 1 this act may be called the inter state water disputes act, 1956. The present status of various interstate water disputes over the sharing of river water is at annexure. For all these five cases, the tribunals set up under the inter state water disputes act of 1956 are still in office and supposed to be functioning, though in case of cauvery and ravi beas disputes, there is no activity happening at the tribunals. As per this law, the state governments can approach the centre for a tribunal for the resolution of a water dispute. Mind map for upsc exam inter state water dispute ias.
The interstate river water disputes amendment bill, 2017 a bill further to amend the interstate river water disputes act, 1956. An act to provide for the adjudication of disputes relating to water of interstate rivers and river valleys. Irwda 1956 interstate river water disputes act 1956 iwmi international water management institute jds janata dal s ecular kva krishna valley authority kwdti first krishna water disputes tribunal kwdtii second krishna water disputes tribunal mgr m g ramachandran mla member of legislative assembly mowr ministry of water resources nafta. Article 262 of the indian constitution provides a role for the. Interstate river water disputes how is interstate river water disputes abbreviated. An act to provide for the adjudication of disputes relating to waters of interstate rivers and river valleys. The only legislation dealing with interstate water disputes is the interstate water disputes act, 1956. What are the major interstate water disputes in the. Mahanadi water disputes tribunal ias abhiyan ii ias upsc. The interstate river water disputes isrwd act 1956 provides limited scope for resolving dispute betweenamong the states with. According to its provisions, if a state government. Article 262 of the constitution of india states that the centre has the power to make any laws regarding the inter state water dispute and may bar the supreme court from exercising jurisdiction over such disputes. At the same time, however, the law permits considerable discretion, and different disputes have followed quite different paths to settlement, or in a few cases, continued. Section 2c of the act defines water dispute as any dispute or difference between two or more state governments with respect to i the use, distribution or control.
Publication date 1976 topics central secretariat library publisher. Interstate river water disputes amendment bill 2019 pdf. Currently in india, water disputes resolution is governed by the interstate water disputes act, 1956. The interstate watfhjdispu1ts act, 1956 an act to provide. According to the centre, the supreme court was barred under article 262 3 and provisions of the interstate water disputes act, 1956 from entertaining appeals under article 6 against the cauvery tribunals award. As per the current provisions of the 1956 act, a tribunal can be formed after a state government approaches union government with such request and the centre is convinced of the need to form the tribunal. The interstate water disputes act, 1956 provides for the constitution of tribunals for the adjudication of disputes relating to waters of interstate rivers and river valleys. Be it enacted by parliament in the seventh year of the republic of india as follows. The interstate river water disputes act, 1956 irwd act is an act of the parliament of india enacted under article 262 of constitution of india on the eve of reorganization of states on linguistic basis to resolve the water disputes that would arise in the use, control and distribution of an interstate river or river valley. Be it enacted by parliament in the fifty third year of.
Interstate river water disputes act, 1956 india code. Chronology of events in bringing the isrwd amendment bill, 2017. Does supreme court of india have authority for interfering. Its purpose is to resolve the water disputes that would arise in the use, control. Complaints by state governments as to water disputes. Form and manner in which a complaint as to any water ispllte may. An act to provide for the adjudication of disputes relating to waters of inter state rivers and river valleys. The bill seeks to amend the inter state river water disputes act, 1956 with a view to streamline the adjudication of interstate river water disputes and make the present institutional architecture robust. This act may be called the 1 interstate river water disputes act, 1956. Inter state relations inter state council and water disputes. The political geographies of interstate water disputes in. Some case studies the interstate water disputes act seems to provide fairly clear procedures for handling disputes. The tribunal will be formed according to the provisions of. According to its provisions, a state government can approach the centre to refer the dispute to a tribunal, whose decision is considered final.
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