Inter-state river water disputes represent one of India's most persistent federal tensions, where competing developmental imperatives of riparian states intersect with constitutional design that deliberately limits judicial intervention in favour of specialised adjudication.
Article 262 empowers Parliament to provide by law for adjudication of disputes relating to waters of inter-state rivers or river valleys. Crucially, it also permits Parliament to bar the jurisdiction of all courts, including the Supreme Court, over such disputes — a significant departure from the ordinary constitutional scheme.
Although Article 131 grants the Supreme Court original jurisdiction over disputes between states, this jurisdiction is expressly excludable under Article 262(2). The Inter-State River Water Disputes Act, 1956 exercises this exclusion, meaning aggrieved states must approach a statutory Tribunal rather than the Supreme Court for adjudication of water disputes.
Enacted under the authority of Article 262, this Act provides for the constitution of ad hoc Tribunals for specific river disputes. Tribunal awards, once notified by the Central Government, have the force of a decree of the Supreme Court, lending finality to the adjudicatory process.
Tribunals have faced prolonged timelines — some taking decades to deliver awards — and compliance by states has remained inconsistent. The 2002 amendment introduced a timeline for Tribunal decisions, yet institutional delays and political resistance continue to undermine effective resolution.
The framework under Article 262 reflects a deliberate federal choice: specialised adjudication over generalised judicial oversight. Strengthening Tribunal capacity, enforcing timelines, and building inter-state consultative mechanisms remain essential for durable water governance.
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