Inter-State River Disputes: Need for a Permanent Tribunal
Water is one of India’s most vital yet contentious natural resources, often leading to inter-state river disputes between states sharing river basins. The Constitution of India, under Article 262, empowers Parliament to adjudicate such disputes and to bar the jurisdiction of courts over them. Accordingly, the Inter-State River Water Disputes Act, 1956 (ISRWDA) was enacted, providing for the establishment of tribunals to resolve conflicts like those over the Cauvery, Krishna, Ravi-Beas, and Godavari rivers.
However, these tribunals are ad hoc—constituted only after a dispute arises—and often take years or even decades to deliver verdicts. The Cauvery Tribunal, for instance, took more than 16 years to give its final decision. The lack of a permanent institutional mechanism, delayed data collection, non-enforcement of awards, and political interference have all contributed to inefficiency and prolonged conflicts.
Recognizing these issues, the Inter-State River Water Disputes (Amendment) Bill, 2019 proposed the creation of a single, permanent tribunal with multiple benches, supported by a Dispute Resolution Committee (DRC) for pre-litigation negotiation. A permanent tribunal would ensure continuity, institutional expertise, faster adjudication, and uniformity in the application of principles like equitable water sharing and sustainable usage.
Given increasing water scarcity, climate change, and rising state-level tensions, India urgently needs such a permanent inter-state river tribunal. It would transform dispute resolution from a reactive process to a proactive and scientific mechanism, ensuring fair distribution, maintaining federal harmony, and securing the right to water as part of Article 21’s right to life.
Thus, a permanent tribunal is not just an administrative reform—it is essential for cooperative federalism, environmental sustainability, and national unity in managing India’s shared water resources.