Subject: Indian Polity

The persistent inter-state water disputes in India, despite constitutional mechanisms, highlight the complex interplay between federal structure and resource management. Currently, with 5 active Interstate Water Disputes Tribunals and 2 pending disputes, the resolution framework faces significant challenges in delivering timely and acceptable solutions.

Structural Inadequacies

• Constitutional Framework Limitations:

  • Article 262 restricts Supreme Court's jurisdiction, limiting judicial oversight and creating a vacuum in dispute resolution.
  • Absence of a permanent institutional mechanism leads to ad-hoc tribunal formation and delayed justice.

• Federal Design Challenges:

  • Lack of integration between Article 262 (tribunals) and Article 263 (Inter-State Council) creates coordination gaps.
  • Absence of a unified water management agency hampers comprehensive resolution approach.

Process Inadequacies

• Timeline Issues:

  • Despite the Inter-State River Water Disputes Act, 1956 mandating a 3-year timeframe, disputes like Cauvery (1990-2007) and Godavari (1962-1979) faced significant delays.
  • The Mahanadi Water Disputes Tribunal (2018) deadline of December 2025 shows continuing temporal challenges.

• Implementation Challenges:

  • Limited enforcement mechanisms for tribunal awards.
  • Lack of standardized data sharing protocols between states.
  • Absence of effective mediation mechanisms before tribunal formation.

Combined Impact

• Systemic Inefficiencies:

  • The dual impact of structural and process inadequacies creates a compounded effect.
  • Multiple tribunal approach leads to inconsistent jurisprudence and fragmented resolution.

• Institutional Gaps:

  • Absence of permanent technical expertise affects quality of decisions.
  • Limited scope for stakeholder participation and consensus building.

The failure of constitutional mechanisms in resolving inter-state water disputes stems from both structural and process inadequacies. The way forward lies in establishing a permanent water disputes resolution framework, strengthening the Inter-State Council's role, and implementing strict timelines through the Dam Safety Act, 2021 and River Basin Management Bill.