Inter State River Water Disputes Act 1956: Detailed Analysis

The Inter State River Water Disputes Act 1956 enacted under Article 262 of Indian Constitution, establishes a framework to resolve water conflict between Indian states regarding interstate rivers and river valleys. It allows state governments to request the Central Government to constitute a tribunal when negotiations fail. The tribunal, usually comprising a chairman and two members, delivers binding decisions on the disputes. The Central Government can also frame schemes to implement these decisions. Additionally, the Act empowers the Centre to establish River Boards to manage and develop interstate river basins. A key strength of the Act lies in its provision of a neutral and legal forum for dispute resolution. The Inter State River Water Disputes Act 1956 offers enforceable outcomes. However, the absence of River Boards, delays in forming tribunals and delivering judgments and difficulties in implementing tribunal decisions weaken its effectiveness. Despite its limitations, the Act remains an important tool for interstate water governance, though it may require reforms to address upcoming challenges and improve timely resolution and cooperative water management. Explore other important Bare Acts.

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Inter State River Water Disputes Act 1956 Overview

The Inter State River Water Disputes Act 1956 was enacted under Article 262 of the Indian Constitution to acknowledge water disputes between Indian states concerning interstate rivers and river valleys. The Act provides a structure for resolving disputes over water distribution, control and use of inter-state rivers. The following are some of the key provisions of the Act:

• Tribunal Constitution: A Water Disputes Tribunal is constituted to adjudicate issues when state negotiations fail.
• Adjudication Process: The decision of the Tribunal is binding and the Central Government is responsible for implementing it.
• Jurisdiction: The jurisdiction of the Supreme Court and other courts is barred from interfering in the water dispute matters referred to the Tribunal under Inter State River Water Disputes Act 1956.

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The Inter State River Water Disputes Act 1956 provides a legal structure for resolving water conflicts between states in India. The following table provides an overview of the chapters and their respective sections under the Act.

Inter State River Water Disputes Act 1956 Key Features

The Inter State River Water Disputes Act 1956 lays down a detailed mechanism for resolving disputes between states regarding the use and distribution of inter state river waters. The following are the important features of the Act that outline its scope, powers, and procedures for adjudication.

Section 2 of Inter State River Water Disputes Act 1956

According to Section 2 of Inter State River Water Disputes Act 1956, unless the context otherwise requires, the following expressions shall have the meanings assigned herein:

• (a) "Prescribed" means prescribed by rules made under this Act
   
• (b) "Tribunal" refers to a Water Disputes Tribunal constituted under Section 4 of Inter State River Water Disputes Act 1956
• (c) "Water dispute" means any dispute or difference between two or more State Governments regarding :

(i) The use, distribution, or control of waters of, or in, any inter State river or river valley

(ii) The interpretation or implementation of terms of any agreement relating to such use, distribution or control

(iii) The levy of any water rate in contravention of Section 7 of Inter State River Water Disputes Act 1956.

Section 3 of Inter State River Water Disputes Act 1956

Section 3 of Inter State River Water Disputes Act 1956 states that where it appears to the Government of any State that a water dispute with the Government of another State has arisen or is likely to emerge due to:

1. Any executive action or legislation taken, passed, or proposed by the other State
2. Failure of the other State or any authority therein to exercise powers concerning the use, distribution or control of the waters of an inter State river or river valley
3. Non-compliance by the other State with any agreement relating to the use, distribution or control of such waters

The State Government may, in the manner and form prescribed, submit a request to the Central Government for reference of the water dispute to a Tribunal for adjudication.

Section 4 of Inter State River Water Disputes Act 1956

According to Section 4 of the Inter State River Water Disputes Act 1956 if the Central Government is of the opinion that the water dispute cannot be resolved through negotiations, it shall, by notification in the Official Gazette and within a period not exceeding 1 year from the date of such request constitute a Water Disputes Tribunal for adjudication of the said dispute:
Provided that any dispute adjudicated and settled by a Tribunal before the commencement of the Inter State Water Disputes Amendment Act 2002 shall not be reopened.

The Tribunal shall consist of a Chairman and 2 other members, who shall be nominated by the Chief Justice of India, and must be Judges of the Supreme Court or a High Court at the time of such nomination. The Central Government may, in consultation with the Tribunal, appoint two or more persons as assessors to assist and advise the Tribunal in the course of its proceedings.

Section 5 of Inter State River Water Disputes Act 1956: Adjudication of Water Disputes

Under Section 5 of Inter State River Water Disputes Act 1956 states that once a Tribunal is constituted under Section 4 of the Act, the Central Government refers the water dispute to it for adjudication. The Tribunal must submit its report within 3 years, extendable by 2 years. If any party finds the decision unclear, it may seek clarification within 3 months and the Tribunal must respond within 1 year. In case of disagreement among members, the majority view prevails.

Section 5A of Inter State River Water Disputes Act 1956

According to Section 5A of Inter State River Water Disputes Act 1956 if a permanent vacancy arises in the office of the Chairman or a member of the Tribunal, it shall be filled by a nominee of the Chief Justice of India.

Section 6 of Inter State River Water Disputes Act 1956

Section 6 of the Inter State River Water Disputes Act 1956 the Central Government must publish the decision of the Tribunal in the Official Gazette. Once published, the decision is final, binding on the parties involved and must be implemented. After publication, the decision holds the same weight as a Supreme Court order or decree.

Section 6A of Inter State River Water Disputes Act 1956:

According to Section 6A of Inter State River Water Disputes Act 1956 the Central Government can create a scheme to implement the decision of the Tribunal. This may include establishing an authority to manage the implementation, detailing its powers, composition and functions. The scheme may also include provisions for staffing, funding, and the procedures the authority should follow.

The authority may have the legal capacity to acquire property, enter into contracts and carry out necessary functions. The authority may also make regulations, subject to the Central Government’s approval.

The scheme is binding under Section 6A of Inter State River Water Disputes Act 1956 even if it contradicts other laws unless those laws are inconsistent with the Act. Any scheme or regulation made must be laid before Parliament for a period of 30 days. If both Houses of Parliament agree to amend or reject the scheme or regulation, it will be modified or annulled accordingly.

Section 7 of Inter State River Water Disputes Act 1956

Section 7 of Inter State River Water Disputes Act 1956 stipulates that the State Government can impose or allow the imposition of any additional fees or charges (such as seigniorage) on water used by another State or its inhabitants, just because water related works for conservation or utilization have been constructed within the State. If there is a dispute between States over the imposition of such fees, it will be considered a water dispute.

Section 8 of Inter State River Water Disputes Act 1956

Section 8 of Inter State River Water Disputes Act 1956 states that no dispute that can be referred to arbitration under the River Boards Act, 1956 and shall be brought before the Tribunal, even if it concerns water disputes.

Section 9 of Inter State River Water Disputes Act 1956

Section 9 of Inter State River Water Disputes Act 1956 outlines that the Tribunal has the same powers as a civil court under the Code of Civil Procedure, 1908, which include:

• Summoning and examining persons under oath.
• Requiring the discovery and production of documents and materials.
• Requesting data as needed.
• Issuing commissions for witness examination or local investigations.
• Any other prescribed powers.

Section 14 of Inter State River Water Disputes Act 1956: 

According Section 14 of Inter State River Water Disputes Act 1956 the Central Government may set up the Ravi and Beas Waters Tribunal to resolve conflicts arising from the Punjab Settlement of July 24, 1985. Once constituted, Sections 4, 5, and 5A to 13 of the Act apply with necessary modifications. The Government can refer matters related to the Punjab Settlement to this Tribunal either suo motu or at the request of a concerned State.

The Inter State River Water Disputes Act 1956 has been the basis for adjudicating several major inter state water disputes in India. Below are some of the Landmark Judgements that highlight its constitutional importance:

Cauvery Water Dispute

The Cauvery dispute is related to Inter State River Water Disputes Act 1956, as it provided the mechanism for resolving the conflict between Karnataka, Tamil Nadu, and Puducherry. Despite an agreement in 1974, a dispute arose over insufficient water supply. In 1990, Tamil Nadu appealed to the central government which led to the formation of the Cauvery Water Dispute Tribunal (CWDT). Though the tribunal ordered water release in 1991, Karnataka challenged the decision in the Supreme Court. Subsequent interventions, including the Cauvery Management Board in 2013, failed to resolve the issue. Violence erupted in 2016 following a Supreme Court directive for water release and the dispute remains ongoing with the central government mediating.

Satluj Yamuna Link Canal Issue

The Satluj Yamuna Link (SYL) Canal dispute is closely connected to the Inter State River Water Disputes Act 1956 as it involves Punjab, Haryana and Rajasthan centered on water sharing between Punjab and Haryana. The canal, proposed after the formation of Haryana in 1966, aimed to link the Satluj and Yamuna rivers. A tribunal in 1986 allocated 5 MAF for Punjab and 3.83 MAF for Haryana but Punjab contested the award. The Supreme Court intervened in 2002 and directed Punjab to complete the canal. However, Punjab passed the Punjab Termination of Agreements Act in 2004 which halted the construction, which the Court declared unconstitutional in 2016. The Supreme Court has since maintained the status quo with the central government mediating the dispute.

Punjab Haryana Water Sharing Dispute

The Punjab Haryana water sharing dispute is also linked to the Inter State River Water Disputes Act 1956. It centers on refusal of Punjab to release an additional 4,500 cusecs of water to Haryana from the Bhakra-Nangal project, as demanded by Haryana. Haryana seeks a total of 8,500 cusecs and while the Bhakra Beas Management Board (BBMB) supported by Haryana, Rajasthan and Delhi, voted in favor of this release, Punjab has resisted opening additional sluice gates. The issue is rooted in the management of the Bhakra-Nangal project, which was initially overseen by Punjab before its division in 1966. The BBMB now manages multiple dams, including the Bhakra Dam, Nangal Dam, and others, serving Punjab, Haryana and Himachal Pradesh. Despite the creation of the SYL canal to fulfill Haryana's share, its completion has been hindered by Punjab’s opposition. Haryana is considering approaching the Supreme Court for resolution.

Inter State River Water Disputes Amendment Bill 2017

The Inter State River Water Disputes Amendment Bill 2017 was introduced to amend the Inter State River Water Disputes Act 1956. It aims to establish a permanent tribunal for water disputes and a Dispute Resolution Committee (DRC) for quicker resolution within 1.5 years. The bill also proposed a national data collection system for river basins. It was referred to the Parliamentary Standing Committee.

Inter State River Water Disputes Amendment Bill 2019

The Inter State River Water Disputes Amendment Bill 2019 was passed in the Lok Sabha and is awaiting approval in the Rajya Sabha. It seeks to replace the Inter State River Water Disputes Act 1956.

• The bill aims to improve the efficiency and effectiveness of dispute resolution by establishing a permanent tribunal for resolving inter-state water disputes.
• It proposes replacing the five existing tribunals with a permanent one.

Conclusion

The Inter State River Water Disputes Act 1956 plays an important role in managing water disputes between states. It provides a legal framework for adjudicating such issues. However, challenges like delayed tribunal decisions and the absence of River Boards point to areas for reform. The Act remains fundamental for interstate water governance in India but improvements are needed to address emerging concerns in water management.