Maarg Manthan · Topic 22.8

Inter-State River Water Disputes (Article 262)

Indian Polity › Centre-State Relations · Topic 22.8

Article 262 lets Parliament provide for adjudication of inter-state river water disputes and to oust court jurisdiction; the 1956 River Boards Act and Inter-State River Water Disputes Act create advisory boards and ad hoc tribunals with binding decisions.

5 min read · UPSC Prelims · Polity · Centre-State Relations

At a Glance

What it is The mechanism for settling disputes over inter-state rivers
Article Article 262
Acts River Boards Act and Inter-State River Water Disputes Act, both 1956
Courts Excluded from jurisdiction over tribunal matters
Exam link UPSC Prelims, Polity: Centre-State Relations

Where Does It Fit?

This is the eighth topic of the category on Centre-State Relations. Water is a State List subject, but rivers flow across states. Article 262 gives Parliament the power to provide for adjudication of disputes over the waters of inter-state rivers.

What Article 262 Provides

It makes two provisions: Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution and control of waters of any inter-state river and river valley; and Parliament may also provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint. Under this provision Parliament has enacted two laws: the River Boards Act (1956) and the Inter-State River Water Disputes Act (1956).

The Two Acts

Act	Provision
River Boards Act, 1956	Provides for river boards for regulation and development of inter-state rivers and valleys; established by the Central government on the request of the states concerned to advise them
Inter-State River Water Disputes Act, 1956	Empowers the Central government to set up an ad hoc tribunal for adjudication of a dispute between two or more states over waters of an inter-state river; the tribunal’s decision is final and binding; neither the Supreme Court nor any other court has jurisdiction over a dispute referred to the tribunal

This is why inter-state river water disputes are excluded from the original jurisdiction of the Supreme Court under Article 131 (as the 1956 Act provides), and why the Supreme Court does not directly decide such disputes.

Tribunals Set Up So Far

Tribunal	Set up	States involved
Krishna Water Disputes Tribunal-I	1969	Maharashtra, Karnataka and Andhra Pradesh
Godavari Water Disputes Tribunal	1969	Maharashtra, Karnataka, Andhra Pradesh, Madhya Pradesh and Odisha
Narmada Water Disputes Tribunal	1969	Rajasthan, Gujarat, Madhya Pradesh and Maharashtra
Ravi and Beas Water Disputes Tribunal	1986	Punjab, Haryana and Rajasthan
Cauvery Water Disputes Tribunal	1990	Karnataka, Kerala, Tamil Nadu and Puducherry
Krishna Water Disputes Tribunal-II	2004	Maharashtra, Karnataka and Andhra Pradesh
Vansadhara Water Disputes Tribunal	2010	Odisha and Andhra Pradesh
Mahadayi Water Disputes Tribunal	2010	Goa, Karnataka and Maharashtra
Mahanadi Water Disputes Tribunal	2018	Odisha and Chhattisgarh

Why Parliament Gets the Power

Water is a State List subject (entry 17 in List II), but an inter-state river runs through more than one state. A dispute between states over its waters would, in the absence of Article 262, go to the Supreme Court under Article 131. By Article 262, Parliament is allowed to remove such disputes from the courts and send them to special tribunals created for each dispute. The decisions bind the states, and the Central government sets up the tribunal when the dispute arises. The structure thereby combines an expert, technical forum with the finality of a tribunal award, and it is why the Supreme Court has no role in disputes referred to a tribunal under the 1956 Act.

The Constitution lists the settlement of inter-state water disputes among the provisions on inter-state comity, with inter-state councils, mutual recognition of public acts and freedom of inter-state trade. Territorial disputes between states, for example between Maharashtra and Karnataka over Belgaum, and river water disputes, such as that between Karnataka and Tamil Nadu over the Cauvery, are cited as signs of federal spirit as states assert their interests. The Inter-State Council can also enquire into and advise on inter-state disputes in a complementary role to Article 131, though its function is advisory. In 1992 the President also referred the Cauvery Water Disputes Tribunal matter to the Supreme Court for an advisory opinion under Article 143.

Why Is This Topic Important?

Frequent current-affairs link River disputes feature in the news
Acts of 1956 Both are asked
Tribunal table Names and years

What Came Next?

The next topic covers financial relations between the Union and the states.

Key People and Terms

River Board Advisory body for a river valley
Ad hoc tribunal Temporary tribunal
Article 262 Adjudication of water disputes
Ouster of jurisdiction Exclusion of courts
Inter-state comity Cooperation among states

Exam Corner

Points to Remember

Article 262; two Acts of 1956.
Tribunal decision is final and binding.
Courts excluded from jurisdiction.
Cauvery Tribunal: 1990.

Do Not Confuse With

River Boards Act and Disputes Act Advisory board versus adjudicating tribunal
Article 131 and 262 Court jurisdiction versus tribunal
Article 262 and 263 Adjudication versus coordination

Memory Hook

Water flows across borders, but tribunals decide: Article 262, two 1956 Acts, no court.

Mains Angle

Questions on this topic usually ask about the working of river tribunals. Use these points to add depth.

Tribunal route Exclusion of courts
Delays Long-pending disputes
Federal balance Water as a State List subject
Cooperative mechanisms River boards, Inter-State Council

A Question You May Face

An original practice question, not a past paper question.

“Discuss the constitutional and legal framework for settling inter-state river water disputes.”

How to Answer

Introduction Article 262.
Acts Two Acts of 1956.
Tribunals List.
Conclusion Role of other forums.

GS Relevance

Prelims: Indian Polity, water disputes. GS Paper 2: Centre-State and inter-state relations.

Frequently Asked Questions

What does Article 262 provide?

Article 262 allows Parliament to provide by law for adjudication of disputes over the use, distribution and control of waters of an inter-state river or river valley, and to bar the Supreme Court and other courts from exercising jurisdiction over such disputes.

Which Acts were passed under Article 262?

Parliament passed the River Boards Act, 1956, for river boards that regulate and develop inter-state rivers, and the Inter-State River Water Disputes Act, 1956, for ad hoc tribunals that adjudicate disputes between states. Both Acts date from the same year.

Is the tribunal’s decision binding?

Yes. The decision of the tribunal is final and binding on the parties to the dispute, and neither the Supreme Court nor any other court has jurisdiction in respect of any water dispute which may be referred to such a tribunal under the Act. This is the effect of the 1956 Act.

Name some inter-state water dispute tribunals.

They include the Krishna, Godavari and Narmada tribunals (1969), Ravi and Beas (1986), Cauvery (1990), Krishna-II (2004), Vansadhara and Mahadayi (2010) and Mahanadi (2018). The tribunals have been set up by the Central government under the 1956 Act.

What is a River Board?

A River Board is established by the Central government on the request of the state governments concerned under the River Boards Act, 1956, to advise them on the regulation and development of an inter-state river and river valley. It is only advisory in nature.

PYQ Practice — Statement Analysis

1 Inter-State River Water Disputes Act was enacted in 1956.

True

Along with the River Boards Act.

2 The Supreme Court decides tribunal-referred water disputes.

False

Courts are excluded.

3 The Cauvery Water Disputes Tribunal was set up in 1990.