Water & Indian Constitution

The Article 246 of Indian Constitution deals with the subject matter of laws to be made by Parliament and by the Legislatures of the States. The allocation of responsibilities between the Centre and the States in respects of laws to be made fall into three categories –

1. The Union List (List – I)
2. The State List (List –II)
3. The Concurrent List (List –III)

• Subject of “water” is a matter at Entry 17 of List –II, i.e. State List. Water that is to say, water supplies, irrigation and canals, drainage and embankments, water storage.
• But it also enables the Union to deal with Inter-State rivers, if Parliament legislates in public interest, via Entry 56 in the Union List. Under Entry 56, Parliament enact the River Boards Act 1956 to the establish River Boards for inter-State rivers. But no such board has been established under the Act.