Score:
9.5/15
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Topper’s Copy
GS2
Indian Polity
15 marks
The recent efforts by the Centre to facilitate dialogue between Odisha and Chhattisgarh have revived hopes of resolving the Mahanadi water dispute. Examine the constitutional and federal issues involved in inter-state river water disputes, and evaluate the measures required for their timely and cooperative resolution.
Student’s Answer
Evaluation by SuperKalam
Demand of the Question
- Constitutional provisions governing inter-state water disputes
- Federal issues/challenges in such disputes
- Evaluation of measures for timely and cooperative resolution
- Reference to Mahanadi dispute context
What you wrote:
River water disputes directly challenge cooperative federalism, impacting ecology, agriculture and livelihoods across state borders.
River water disputes directly challenge cooperative federalism, impacting ecology, agriculture and livelihoods across state borders.
Suggestions to improve:
- Could briefly mention the Mahanadi dispute context (e.g., "The Mahanadi dispute between Odisha and Chhattisgarh over upstream dam construction exemplifies these challenges") to directly connect with the question's reference.
What you wrote:
⇒ Constitutional Provisions Involved →
* 7th Schedule → ① State List (Entry 17) → Governs water supply, irrigation, canals, drainage, embankments and water storage, subject to Union control over inter-state rivers.
② Union List (Entry 56) → Empowers the Central Government to regulate and develop inter-state rivers and river valleys to the extent declared by Parliament to be expedient in the public interest.
* Article 262 → Specifically addresses adjudicating disputes relating to waters of inter-state rivers or river valleys.
→ Parliamentary Power → Parliament can by law prevent the Supreme Court or any other court from exercising jurisdiction over these disputes.
⇒ Constitutional Provisions Involved →
* 7th Schedule → ① State List (Entry 17) → Governs water supply, irrigation, canals, drainage, embankments and water storage, subject to Union control over inter-state rivers.
② Union List (Entry 56) → Empowers the Central Government to regulate and develop inter-state rivers and river valleys to the extent declared by Parliament to be expedient in the public interest.
* Article 262 → Specifically addresses adjudicating disputes relating to waters of inter-state rivers or river valleys.
→ Parliamentary Power → Parliament can by law prevent the Supreme Court or any other court from exercising jurisdiction over these disputes.
Suggestions to improve:
- Could add Article 263 provisions for Inter-State Council as a constitutional mechanism for dispute prevention
- Could mention the Inter-State River Water Disputes Act, 1956 as the parliamentary law enacted under Article 262
What you wrote:
⇒ Federal Issues Involved →
① Institutional Delays → Tribunals constituted under the Inter-State River Water Disputes Act (IRWD), 1956, suffer from prolonged delays in giving awards (e.g. decades taken in Cauvery and Ravi-Beas disputes).
② Politicization of Water → Water is an emotive, vote-gathering subject. States often adopt uncompromising, populist stances to safeguard local regional interests.
③ Judicial Overlapping → Despite Article 262 barring court jurisdiction, states frequently approach the Supreme Court under Article 136 (Special Leave Petition) or Article 131 (Original Jurisdiction), leading to parallel litigations.
⇒ Federal Issues Involved →
① Institutional Delays → Tribunals constituted under the Inter-State River Water Disputes Act (IRWD), 1956, suffer from prolonged delays in giving awards (e.g. decades taken in Cauvery and Ravi-Beas disputes).
② Politicization of Water → Water is an emotive, vote-gathering subject. States often adopt uncompromising, populist stances to safeguard local regional interests.
③ Judicial Overlapping → Despite Article 262 barring court jurisdiction, states frequently approach the Supreme Court under Article 136 (Special Leave Petition) or Article 131 (Original Jurisdiction), leading to parallel litigations.
Suggestions to improve:
- Could discuss the asymmetric federal impact where upstream states control water flow affecting downstream states' rights
- Could mention enforcement challenges of tribunal awards (e.g., Cauvery Management Authority's implementation difficulties)
What you wrote:
⇒ Measures Required for Timely and Cooperative Resolution →
① Single Permanent Tribunal → Pass and implement the Inter-State River Water Disputes (Amendment) Bill to establish a single standalone tribunal with multiple benches to bypass repetitive setup delays.
② Dispute Resolution Committee (DRC) → Establish a DRC comprising technical experts to facilitate time bound, amicable negotiations before a dispute is formally referred to a tribunal.
③ Integrated River Basin Management (IRBM) → Shift from administrative state boundary thinking to ecological basin-wide management. Treat the entire river basin as a single hydrological unit.
④ Institutionalizing Inter-State Councils → Actively utilize the Inter-State Council (Article 263) as a political and administrative platform to build consensus before conflicts escalate.
⇒ Measures Required for Timely and Cooperative Resolution →
① Single Permanent Tribunal → Pass and implement the Inter-State River Water Disputes (Amendment) Bill to establish a single standalone tribunal with multiple benches to bypass repetitive setup delays.
② Dispute Resolution Committee (DRC) → Establish a DRC comprising technical experts to facilitate time bound, amicable negotiations before a dispute is formally referred to a tribunal.
③ Integrated River Basin Management (IRBM) → Shift from administrative state boundary thinking to ecological basin-wide management. Treat the entire river basin as a single hydrological unit.
④ Institutionalizing Inter-State Councils → Actively utilize the Inter-State Council (Article 263) as a political and administrative platform to build consensus before conflicts escalate.
Suggestions to improve:
- Could add technology-based solutions (e.g., real-time water sharing monitoring systems like those proposed for Krishna river)
- Could mention international best practices (e.g., Murray-Darling Basin Authority in Australia for cooperative water management)
What you wrote:
Water must be viewed as a shared national resource rather than a regional commodity. Resolving the Mahanadi dispute requires moving away from competitive federalism toward cooperative federalism, ensuring sustainable development and ecological balance for both states.
Water must be viewed as a shared national resource rather than a regional commodity. Resolving the Mahanadi dispute requires moving away from competitive federalism toward cooperative federalism, ensuring sustainable development and ecological balance for both states.
Suggestions to improve:
- Could strengthen by mentioning specific constitutional values (e.g., "This approach aligns with the constitutional principle of cooperative federalism envisioned in the Preamble's unity and integrity goals") and reference to recent policy initiatives like Jal Shakti Ministry's integrated approach.
Excellent structured answer demonstrating strong constitutional knowledge and federal understanding. You've effectively addressed most question demands with precise legal references. The systematic approach and specific examples strengthen your analysis significantly.
Demand of the Question
- Constitutional provisions governing inter-state water disputes
- Federal issues/challenges in such disputes
- Evaluation of measures for timely and cooperative resolution
- Reference to Mahanadi dispute context
What you wrote:
River water disputes directly challenge cooperative federalism, impacting ecology, agriculture and livelihoods across state borders.
River water disputes directly challenge cooperative federalism, impacting ecology, agriculture and livelihoods across state borders.
Suggestions to improve:
- Could briefly mention the Mahanadi dispute context (e.g., "The Mahanadi dispute between Odisha and Chhattisgarh over upstream dam construction exemplifies these challenges") to directly connect with the question's reference.
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