Inter- State Relations - Delhi Police Constable PDF Download

Adjudication of Inter-State Water Disputes

A significant aspect of inter-state relations revolves around water disputes, given the shared usage of inter-state rivers and river valleys. Article 262 of the Constitution empowers the Parliament to legislate on the adjudication of such disputes and even exclude the jurisdiction of the Supreme Court or any other court on these matters.

In accordance with this provision, the Parliament has enacted two critical laws:

• River Boards Act (1956): This act facilitates the establishment of river boards, which are regulatory bodies responsible for the development and regulation of inter-state rivers and river valleys. These boards are formed upon the request of concerned state governments and serve as advisory bodies.
• Inter-State Water Disputes Act (1956): Under this act, the Central government holds the authority to constitute an Adhoc tribunal to resolve disputes between two or more states regarding the waters of an inter-state river or river valley. The tribunal's decision is binding on all parties involved, and no court, including the Supreme Court, can exercise jurisdiction over the matter.

Inter-State Council: A Forum for Coordination

Article 263 of the Indian Constitution establishes the Inter-State Council as a non-permanent constitutional body to facilitate coordination between the Central government and the States and among the States themselves. This council is brought into existence by a Presidential Order when deemed necessary in the public interest.

The Inter-State Council plays a crucial role by:

• Enquiring into and advising upon disputes arising between states.
• Investigating and discussing subjects of common interest between the states and the Centre.
• Making recommendations for better coordination of policy and action on such subjects.

The composition of the council includes the Prime Minister as the Chairman, Chief Ministers of all States, and Chief Ministers of Union Territories with Legislative Assemblies and Administrators of UTs without Legislative Assemblies as members. Additionally, six Cabinet Ministers nominated by the Prime Minister also serve as members of the council.

It is important to note that the function of the Inter-State Council is advisory and complements the Supreme Court's jurisdiction under Article 131 to decide legal controversies between governments.

The Call for a Permanent Inter-Governmental Council

The Sarkaria Commission on Centre-State Relations, active between 1983 and 1987, strongly advocated for the establishment of a permanent Inter-State Council, which they suggested should be known as the Inter-Governmental Council. The proposed council's duties align with those mentioned in Article 263, focusing on investigating and discussing subjects of common interest and recommending policies for better coordination.

Responding to the commission's recommendations, the Janata Dal Government, under the leadership of V. P. Singh, established the Inter-State Council in 1990. Since then, the council has served as a recommendatory body on issues related to inter-state, Center-state, and Centre–union territories relations, promoting coordination and harmony through discussion and deliberation.

Recent Amendments: The Inter-State River Water Disputes (Amendment) Bill, 2019

In a bid to streamline the resolution of inter-state water disputes, the Inter-State River Water Disputes (Amendment) Bill, 2019, was passed in the Lok Sabha. This amendment aims to replace the existing mechanism with a more efficient and timely approach.

Key features of the amendment include:

• Disputes Resolution Committee (DRC): When a state requests resolution of a water dispute, the central government will constitute a Disputes Resolution Committee to resolve the matter amicably through negotiations within one year, extendable by six months.
• Inter-State River Water Disputes Tribunal: If the DRC fails to resolve the dispute, the central government will refer the matter to an Inter-State River Water Disputes Tribunal, which will have multiple benches.
• Composition of the Tribunal: The Tribunal will consist of a Chairperson, Vice-Chairperson, three judicial members, and three expert members appointed by the central government based on the recommendations of a Selection Committee.
• Time frames: The proposed Tribunal must deliver its decision on the dispute within two years, extendable by one more year, providing quicker resolutions compared to the previous provision.
• Binding Decision: The decision of the Tribunal will be final and binding on all parties involved, and the central government will be required to make a scheme to give effect to the decision.
• Data Bank: The central government will maintain a data bank and information system at the national level for each river basin, helping streamline future dispute resolutions.

Conclusion

Harmonious inter-state relations are vital for the successful functioning of India's federal system. The Constitution's provisions, including the adjudication of water disputes and the establishment of the Inter-State Council, play crucial roles in fostering cooperation and coordination between the Centre and the States. Recent amendments, such as the Inter-State River Water Disputes (Amendment) Bill, 2019, demonstrate the government's commitment to streamlining dispute resolution processes and promoting inter-state harmony. By continually evolving these mechanisms, India strengthens its federal structure, ensuring a seamless fabric of unity amidst diversity.