Q6. Constitutional mechanisms to resolve the inter-state water disputes have failed to address and solve the problems. Is the failure due to structural or process inadequacy or both? Discuss.

Model Answer:

Introduction

Constitutional mechanisms for resolving inter-state water disputes, such as the formation of tribunals and the provision of adjudication under Article 262, have often failed to effectively resolve the persistent conflicts. The failure can be attributed to both structural and process-related inadequacies.

Body

Structural Inadequacies:

• Lack of Clear Legal Framework: The existing constitutional provisions provide limited guidance on implementing and enforcing tribunal decisions, leading to delays.
• Fragmented Approach: Multiple states with competing interests and diverse water needs complicate the process, requiring a more integrated and coordinated national framework.

Process Inadequacies:

• Slow and Lengthy Procedures: Tribunal proceedings are often delayed, sometimes taking decades, leading to unresolved disputes.
• Implementation Challenges: Even after verdicts, political and regional pressures often prevent the timely implementation of decisions.
• Insufficient Stakeholder Engagement: The process often lacks active participation from local communities and stakeholders, affecting the outcome.

Conclusion

‍The failure of constitutional mechanisms in resolving inter-state water disputes stems from both structural gaps in the legal framework and process-related inefficiencies. Addressing these requires legal reform, timely implementation, and improved coordination among states.

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