The Inter-State River Water Disputes (Amendment) Bill, 2019 was passed by Lok Sabha on 31 July, 2019. It will amend Inter-State River Water Disputes Act, 1956. It aims to speed up the resolution of long-festering inter-state water disputes by establishing a single central tribunal in place of the numerous existing ones.
Background
Because large areas of India are relatively arid, mechanisms for allocating scarce water are critically important to the welfare of the country’s citizens. Water contributes to welfare in several ways: health (e.g. clean drinking water), agriculture (e.g., irrigation), and industry (e.g., hydroelectric power). Because India is a federal democracy, and because rivers cross state boundaries, constructing efficient and equitable mechanisms for allocating river flows has long been an important legal and constitutional issue. Numerous inter-state river-water disputes have erupted since independence. Due to ambiguousness and opaqueness the dispute settlement process is slow, and effectively binding arbitration does not exist.
Challenges
In this light following are the major challenges affecting river water dispute settlement in India.
Salient Features
Two Tier Mechanisms: Dispute Resolution Committee (DRC) to be set up by the Central Government, would be referred to once a dispute arises, to resolve it amicably by negotiation within a year (with an extension of six months). Subsequently it would be referred to a Central Tribunal if the committee fails to arrive at a conclusion.
Impact
Shortcomings of the Legislation
Way Forward
Cooperative Federalism: Central government should demonstrate fair play and manage post-award squabbling.