Inter-State river water disputes are a noted collision factor in the Indian federalism today. Discuss the challenges involved in resolving these disputes and suggest measures to ensure greater co-operation.
Refer – The Hindu
Enrich the answer from other sources, if the question demands.
IAS Parliament 6 years
KEY POINTS
Challenges
· Political opportunism – The mutually conflicting interests, driven also by political considerations, political parties in power cannot afford to be seen as compromising their respective states’ interest.
· Political subjectivity of contemporary state – The mechanism of the Centre’s mediation before constituting a tribunal for adjudication — prescribed by the current Inter-State River Water Disputes Act, 1956 — is outdated.
· The Centre-States engagement has turned politically subjective with polarised and assertive regional powers.
· Judicial occupation – The composition of the tribunal is not multidisciplinary and it consists of persons only from the judiciary.
· Lack of data – Tribunals work gets delayed due to the lack of availability of the data.
· Prolonged adjudication of cases
Solutions
· The provisions enshrined in the Inter-State River Water Disputes (Amendment) Bill, 2017 which is pending in the parliament will bear fruitful impacts when implemented.
· Permanent tribunal – Under this Bill, a Single Permanent Tribunal is to be set up which will have multiple benches.
· The central government will appoint assessors to advise the bench in its proceedings.
· Quick adjudication – Under the Bill, the proposed tribunal has to give its decision on a dispute within a period of two years (earlier it is 3 years).
· This period is extendable by maximum of one year (earlier it is 2 years).
· Maintenance of data bank and information – Under the bill, the central government will appoint or authorise an agency to maintain a data bank and information system at the national level for each river basin.
· Constitutional validity – Political opportunism and political subjectivity can be dealt with evolving credible and institutionalised practices.
· The practice needs to be structured within the constitutional realm.
· For example, the mediation practices may be structured under the Inter-State Council, provided by the Constitution for the exclusive purpose of inter-State coordination.
