Question

Consider the following statements regarding the Inter-State River Water Disputes Act, 1956:

1. The Act empowers the Central government to establish a tribunal for adjudicating disputes related to inter-state river waters.

2. The decisions of the tribunal are advisory and not binding on the parties involved.

3. The Supreme Court retains jurisdiction over disputes referred to the tribunal under this Act.

• A. 1 only
• B. 1 and 2 only
• C. 2 and 3 only
• D. 1 and 3 only

Answer 1

Answer:

A. 1 only

Inter-State River Water Disputes Act, 1956

• The Inter-State River Water Disputes Act, 1956 (ISRWD Act) is a crucial legislation enacted by the Indian Parliament under Article 262 of the Constitution.

• Article 262 specifically empowers Parliament to legislate on the adjudication of disputes relating to the waters of inter-state rivers and river valleys.

• This Act was designed to provide a legal framework for the settlement of water disputes between states, aiming to promote cooperative federalism in resource sharing.

Key Provisions and Facts:

• Empowerment of Central Government: The Act grants the Central Government the authority to establish an Inter-State River Water Disputes Tribunal when a State Government makes a request and the Central Government is of the opinion that the dispute cannot be settled through negotiation. This directly affirms the correctness of the first statement.

• Binding Nature of Tribunal Decisions: Contrary to the second statement, the decisions made by these tribunals are not merely advisory. According to Section 6 of the ISRWD Act, once the tribunal's decision is published in the Official Gazette, it becomes final and binding on all parties involved in the dispute. All parties are legally obligated to implement these decisions.

• Exclusion of Supreme Court Jurisdiction: The third statement is incorrect. As per Article 262(2) of the Constitution and the provisions of the ISRWD Act, the jurisdiction of the Supreme Court and other courts is barred in respect of any dispute or complaint referred to such a tribunal. This is a unique feature ensuring swift and specialized adjudication of water disputes without prolonged litigation in regular courts.

Important Amendments for Competitive Exams:

• ISRWD (Amendment) Act, 2002: This amendment introduced provisions to make the tribunal process more time-bound. It mandated the constitution of a tribunal within one year of receiving a request and required the tribunal to give its decision within three years (extendable by another two years).

• ISRWD (Amendment) Bill, 2019 (yet to be fully implemented as an Act): This proposed a significant reform by advocating for a single permanent Inter-State River Water Disputes Tribunal with multiple Benches, replacing the current system of constituting separate ad hoc tribunals for each dispute. It also aimed to introduce a Dispute Resolution Committee (DRC) to attempt amicable settlement before tribunal adjudication.