Many of India's big rivers flow through more than one State. The Krishna, Godavari, Cauvery and Narmada all cross State borders. When States disagree on how much water each should get, it becomes an inter-State water dispute. The Constitution deals with this in Article 262, and Parliament has made laws to settle such disputes through tribunals. Exams ask about Article 262, the 1956 Acts and the major tribunals. This post explains them in simple words. It ends with 15 previous year questions.
Key Points (Quick Revision)
- Article 262 lets Parliament provide for settling disputes over inter-State rivers.
- Parliament can also bar the Supreme Court and other courts from hearing such disputes.
- Two laws were made in 1956: the River Boards Act and the Inter-State River Water Disputes Act.
- Disputes are decided by tribunals set up by the Central government.
- Major tribunals include those for the Krishna, Godavari, Narmada, Cauvery, Ravi-Beas, Mahadayi and Mahanadi.
1. Water in the Constitution
Water is mainly a State subject. Entry 17 of the State List covers water supply, irrigation, canals, drainage and water power.
But this is subject to Entry 56 of the Union List. That entry lets Parliament regulate and develop inter-State rivers and river valleys when it declares this to be in the public interest.
So States manage water inside their borders, while the Centre has a role when a river is shared by States.
2. Article 262
Article 262 is in Part XI of the Constitution, which deals with relations between the Union and the States. It says:
- Parliament may by law provide for the adjudication of any dispute about the use, distribution or control of the waters of an inter-State river or river valley.
- Parliament may also provide that neither the Supreme Court nor any other court shall hear such a dispute.
Because of this, water disputes are sent to tribunals, not directly to courts. However, the Supreme Court can still hear appeals against a tribunal's award through a special leave petition, and it has done so in the Cauvery case.
3. The two laws of 1956
| Law | What it does |
|---|---|
| River Boards Act, 1956 | Allows the Centre to set up river boards, in consultation with States, to advise on development of inter-State rivers. No board has been set up under it so far. |
| Inter-State River Water Disputes Act, 1956 | Allows the Centre to set up an ad hoc tribunal when a State asks for one and talks fail. The tribunal's award is final and binding. |
4. How a tribunal works
- A State sends a request to the Central government about a dispute.
- The Centre first tries to settle it through negotiation.
- If talks fail, the Centre sets up a tribunal, usually headed by a sitting or retired judge.
- The tribunal hears the States and gives its award.
- The award is published in the Official Gazette and becomes binding on the States.
A 2002 amendment set time limits: the tribunal must be set up within one year of a request, and it must give its decision within three years, extendable by up to two years. The amendment also gave the award the same force as an order of the Supreme Court.
5. Major water dispute tribunals
| Tribunal | Set up | States involved |
|---|---|---|
| Krishna (first) | 1969 | Maharashtra, Karnataka, Andhra Pradesh |
| Godavari | 1969 | Maharashtra, Andhra Pradesh, Karnataka, Madhya Pradesh, Odisha |
| Narmada | 1969 | Gujarat, Madhya Pradesh, Maharashtra, Rajasthan |
| Ravi and Beas | 1986 | Punjab, Haryana, Rajasthan |
| Cauvery | 1990 | Karnataka, Tamil Nadu, Kerala, Puducherry |
| Krishna (second) | 2004 | Maharashtra, Karnataka, Andhra Pradesh (and later Telangana) |
| Vansadhara | 2010 | Andhra Pradesh, Odisha |
| Mahadayi (Mandovi) | 2010 | Goa, Karnataka, Maharashtra |
| Mahanadi | 2018 | Odisha, Chhattisgarh |
Some disputes have taken decades to settle, which is why reforms have been proposed.
6. The Cauvery case
The Cauvery dispute is the best-known example:
- The tribunal was set up in 1990 and gave its final award in 2007.
- In 2018, the Supreme Court heard appeals and changed the shares slightly, raising Karnataka's share and reducing Tamil Nadu's.
- The Court said that river water is a national asset and no State can claim exclusive ownership.
- The Cauvery Water Management Authority was then set up to carry out the decision.
7. Problems and reforms
- Delays - tribunals have sometimes taken many years to give an award.
- Weak data - States often dispute the figures on rainfall and river flow.
- Poor implementation - awards are not always followed, leading to court cases.
The Inter-State River Water Disputes (Amendment) Bill, 2019 proposed a single permanent tribunal with benches, a fixed time frame and a Dispute Resolution Committee to try settlement first. Its status should be checked in the latest updates, since it has not yet become law.
8. Previous year questions
- Which Article deals with inter-State water disputes? – Article 262
- In which Part of the Constitution is Article 262? – Part XI
- Which entry of the Union List covers inter-State rivers? – Entry 56
- Water is mainly a subject of which list? – State List (Entry 17)
- Can Parliament bar the Supreme Court from hearing water disputes? – Yes, under Article 262
- In which year was the Inter-State River Water Disputes Act passed? – 1956
- Which 1956 Act allows the setting up of river boards? – River Boards Act
- Which amendment set time limits for water tribunals? – 2002 amendment
- When was the Cauvery Water Disputes Tribunal set up? – 1990
- Which States share the Cauvery waters? – Karnataka, Tamil Nadu, Kerala and Puducherry
- Which body was set up in 2018 to carry out the Cauvery decision? – Cauvery Water Management Authority
- The Mahadayi dispute involves which States? – Goa, Karnataka and Maharashtra
- Which States are involved in the Mahanadi dispute? – Odisha and Chhattisgarh
- The Vansadhara dispute is between which States? – Andhra Pradesh and Odisha
- Which States were party to the Ravi-Beas tribunal? – Punjab, Haryana and Rajasthan
9. How to revise this topic
Start with the Constitution: Article 262 in Part XI, Entry 17 State List, Entry 56 Union List.
Next, learn the laws: River Boards Act and Inter-State River Water Disputes Act, both 1956; 2002 amendment with time limits.
Then make a tribunal table with the year and States: Krishna, Godavari and Narmada 1969; Ravi-Beas 1986; Cauvery 1990; Vansadhara and Mahadayi 2010; Mahanadi 2018.
Finally, remember the Cauvery case: award 2007, Supreme Court 2018, river as a national asset, Cauvery Water Management Authority.
10. Frequently Asked Questions
What does Article 262 say?
Article 262 lets Parliament provide by law for settling disputes over the use, distribution or control of waters of inter-State rivers. Parliament may also bar the Supreme Court and other courts from hearing such disputes.
How are inter-State water disputes settled in India?
Under the Inter-State River Water Disputes Act, 1956, a State can ask the Centre to step in. If talks fail, the Centre sets up a tribunal, whose award is published in the Gazette and binds the States.
Is water a State subject or a Union subject?
Water is mainly a State subject under Entry 17 of the State List, but this is subject to Entry 56 of the Union List, which covers the regulation of inter-State rivers.
What did the Supreme Court decide in the Cauvery case?
In 2018, the Supreme Court changed the tribunal's shares slightly, raising Karnataka's share and reducing Tamil Nadu's. It held that river water is a national asset.
What change did the 2019 Bill propose?
The Inter-State River Water Disputes (Amendment) Bill, 2019 proposed a single permanent tribunal with benches, fixed time limits and a Dispute Resolution Committee. It has not yet become law.
For more Polity topics in simple language, see our Inter-State Council and Zonal Councils, Schedules of the Constitution and Lakes, Rivers and Waterfalls of India posts, or browse the Polity section. Preparing for a civil services exam? Start with the UPSC Civil Services guide or join the 100 Hour GS Course.