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ISRW D (Inter State River Water Disputes)
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ISRW D (Inter State River Water Disputes)

Dr Srinivas Expert on ISRW D
News
  1. Kaveri River Water Dispute led to Political Tension between Karnataka and Tamil Nadu
  1. Issues between State v/s State → Federal Disputes
  1. Other Context related to this topic is Water Governance
  1. River Pollution or Climate Change or Debates Related to Federalism, Constitutional Mechanism related to ISRWD
Quotes
  1. PM Manmohan Singh : Rivers are shared heritage of our country, they should be the strings that unite us Not the Strings that divide us
  1. Water Conflicts and not water seems to percolating to the grass roots
      2. Conflictual Federalism is emerging because of this, instead of Cooperative Federalism.
      Leadig to Issues of Centre State Dispute, and Cauvery Water Tribunal Judgement, there is no permanent solution
CN
  1. Schedule 7
    1. Water, Irrigation and Use of Water is Entry 17 of the State List
    2. But Entry 17 is Subject to Provisions of Entry 56 of Union List. Entry 56 deals with Inter State River Waters
        3. This Creates an Inherent Problem of Use v/s Regulations
  1. Art 262
    1. Adjudication of Water Disputes, Parliament has the power to make Laws for settling River Water Disputes.
    2. There is a Constitutional Exception and Uniqueness for Courts including Supreme Court
        3. Courts including SC can be kept out if parliament passes a law to that effect
Laws
  1. Based on the Art 262 of the constitution, Parliament enacted Inter State River Water Disputes Act 1956 was enacted which provides for the Tribunal of River Water Tribunals for the Adjudication of River Water Disputes
  1. Parliament Also Passed the River Boards Act 1956 to enable Union Government to create rivwer boats for Inter State Rivers, which would advise on the preparation of various development schemes and prevent emergence of conflicts. However No River Boards has been created under this particular law till date
  1. In 2019, Inter State River Water Amendment Bill is Introduced. ISRW(A) Bill Act 2019
Issues
3 Ambiguities
Historical and Geographical Ambiguities
  1. it is mainly because of colonial era administration, which made boundaries based on admin convienience rather than geographical ones
      2. Here Political Boundaries took precednence over geographical and socio cultural boundaries
  1. Post Independence, New States were formed based on Ethnic Lines called as Ethno Federalism
      2. When New States were formed water resources were not fairly divided
Constitutional and Legal Ambiguities
  1. Unclear Lines of Power and Responsibilities between Centre & State. Which is continuation of Government of India Act, 1935. This creates Jurisdictional Ambiguities.
      2. Questions Like Decision Mkaing Power of Friction between Centre and State and State and State
  1. Which Institution has the final say, related to river water disputes, as per constn Art 262 courts are excluded, based no ISRW D, centre constiutes River Water Tribunal. Here Tribunal can award.
Institutional Ambiguity
but SC can take decision on State and Centre and State and State Dispute but under SLP of Exrra Ordinary Judicial Power it allows supreme court to hear appeals against verdicts or awards given by High Courts or Tribunals.
SLP is under Art 136 ?
Hence, Cauvery Water Tribunal gave an award but states were not satsified → Ktk, Tn, Kerala nad UT if Puducherry were involved . Supreme court took up the matter through SLP and gave verdict, there is NO Finality of Institutional
This creates Institutional Ambiguity, NO Finality as every matter goes to Supreme Court. Hence Constn Exception is doomed by Practicality of SLP
Tribunal was created with intention of speedy justice and reducing load of court but tribunals in itself are slow
3 Stresses
Stress on Federalism of the Country l
leading to Conflectual Federalism
Stress on Food Security
TN uses Water for - Ponni
Deficit in Monsoon Stress on Food Security →
Stress on Approach
Artihemetical hydrology v/s Integrated Eco System Approach → These Numbers Change in Distress Period v/s Surplus Period
Ecological Flow of River Water is imp for - River Health, Ecology
Need for More of a River Basin Approach. Only Arithemetical Appraoch wont work
This can also be used in IRL - Inter Linking of Rivers
Divert Water from Surplus to Deficit Area
These are models of “20th Cent Water Governance Paradigm” → they focused more on Supply Side Model → Led to construction of civil engineering marvels like Dam
21st Century Water Governance Paradigm → It is changing in developed countries → Demand Side Paradigm → Change Crops in Water Guzzling Crops where there is Water Deficient Crops → When you Export Rice & Wheat → You Export Water
Issues with Tribunals
  1. Delay in Setting up the Tribunals
  1. Delay in Awards - Judgement - Resolution
  1. Non Compliance of Tribunal Awards → Due to Delayed Notificatio of Awards → Then Also States are not happy and hence they approach SC via SLP and then SC takes its own time for Judgement
      2. There is NO Body to ensure, that the award is implemented, only in case of Cauvery Water Dispute there was a body to overlook the implementation of the Award
Political Factors
  1. Politicisation of the Issues
  1. No Decisiveness & Political Will
  1. Case Study - in past when ktk was hegde and TN was MGR. they played a very significant role in resolving this issue amicably, because they used their political will which emerged from their mass appeal
Environmental Asepcts
  1. From Global Warming we have gone to Global Boiling
  1. Extrem Events like Droughts, Fluctuation of River Water Levels and Affect of Global Warming on Monsoon
  1. Increasing River Water Pollution
Socio Economic Factors
  1. Population Pressure - Cauvery is for BLR City whose population is increasing
  1. Indsicriminate Extraction of Water
  1. Usage and Sowing of Water Gruzzling Crops
Lessons Learnt from Various ISRW D in India
  1. Dispute Resolution Mechanism is NOT effective
  1. Lack of Political Will
  1. There should be some Implementation Mechanism
  1. INtegrated Eco System Approach rather than just Artihemetical Hydrology
  1. Go for more and more → Courts are Adversial Model → Adversial Jurisdiction Model
      2. Tribunal Methods → Reoslution, Negotiation, Consolation, Mediation → ADR Methods → Alternate Dispute Resolution Model
  1. Controlled and Planned Urabanisation
  1. State Boundaries based on Geographical Aspects
  1. Formula and Mechanism Development for Distress Period
ISRW D B 2019
Key Provisions
  1. Under Present ICRW D Act - State can Approach Centre → Centre will constitute a River Water Tribunal. Hence Presently you have to Approach Centre and there are Multiple Tribunals which are Ad Hoc in Nature
      2. In the New Bill. Dispute Resolution Mechanism will have time period
    1. Tier 1 → Dispute Resolution Committee which will be headed by a Secretary Level Officer of Central Government it can take up around 18 months to try to find a Solution. If it is not able to resolve within the allocated time, then it will go to Tier 2
    2. Tier 2 → Here there is a Permanent Standing Tribunal Body needs to resolve the issue within 3 Years and then if it wants it can reoslve within another 18 months
        3. Hence in Total 3 Years or 36 Months
  1. There will also be River Basin wise Data. There should be real and better data needs to be collected over simple Arithematical Hydrology
Dont Know What It is
  1. Prescribed time limit for constitution of Tribunals that means if a State Approaches Centre then the Centre should have a Suo Moto Power to appoint a Tribunal, if it thinks or if it is satisfied there exists a dsipute
  1. Second ARC Suggseted that Union Government needs to be pro active and decisive in inter state river water dispute cases it also reccomended to setup a river basin organisation for each inter state river
  1. Mihir Shah Committe Suggested formation of a Institute called National Water Commission as a primary body for water policy and planning
Way Forward
According to Dr Srinivas Chokkakula, He Reccomended a
  1. Revised National Water Policy from 1987 to 2002 and now a new revision is needed which will lay down principals and objectives for the management development and regulation for water resources
  1. Reccomended that Central Government needs to Redefine its Role in Central Government to Facilitate Inter State Cooperation - Govt Backing of a Policy
  1. There should be a role for Inter State Council for Solving this kind of Federal Disputes
      2. He Says that Art 263 (Inter State Council) comes after Art 262 (ISRW D Adjudication). Hence Constitutional makers say that ISC which is Art 263 should have a role in it
  1. River Basin Mgmt for Sustainble Management of River Basins
  1. There should be more Conensus based Negotiation and Reoslution rather than Adversial Based Models which calls for Delay
Best Practise
  1. Germany - LAWA is a working groups of Federal States. platform for collaboration between federal and state government. Maintains Uniformity in Water Governance
  1. Australlia - COAG - Council of Australlian Governments which is a Multi Tiered Governance Body
      2. Australlia has a Sophesticated Water Market Model which allows for Trading of Water
Question
Constitutional Mechanism to resolve inter state disputes have failed to address and solve the problem is the failure due to structural or process inadequacy or both
Answer Framework
  1. Constitutional Provision
  1. Why Failed
  1. Structural Problems
  1. Procedural Problems
  1. Certain Other Issues
Note : Go Through Handout Article and Collect 5 points on Specific Issues
2019 Bill - Damn Sfetty , River Basin Management Committee or Body Needed, Rover Basin Management Bill and Damn Safety Bill as well
 
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