Inter-State Water Dispute Vis-À-Vis the Role of Central Government in Efficient Adjudication

Abstract

Water is the primary source of living for all humans. It is required for all kinds of activities ranging from domestic to industrial purposes. In India, rivers are the major sources of water and fulfil almost all needs in every aspect. As rivers in India flow through different states, it becomes a matter of dispute for various states through which the river flows. Disputes are related to the usage of water and its distribution thereof. The Constitutional framework has not been unambiguous totally and in various instances courts had to interfere to adjudicate the matter but unfortunately, the roles of the judicial organs of the state are also very limited and the complete authority lies with the government and thus the matter remain ambiguous.

This paper is an attempt to provide the constitutional mechanisms through which interstate water disputes in India can be regulated. Parliament is exclusively empowered to regulate this issue. In this paper, we have analysed the ways Parliament has till now taken up this matter. We have discussed the judicial doctrines and have emphasised that instead judiciary applying this doctrine, the Central Government should itself become proactive to apply this doctrine and provide an easy solution to this problem. We have also discussed the scope and requirements of various legislations till now formulated by Parliament to address this issue. At last, we have provided the way forward and suggestions that the Central Government can imbibe to deal with this issue effectively.