Question

Which of the following statements are correct regarding the Inter-State River Water Disputes Act, 1956?

1. It empowers the Central Government to establish an ad hoc tribunal for resolving disputes over inter-state river waters.

2. The Supreme Court retains jurisdiction over disputes referred to the tribunal.

3. The tribunal’s decision is final and binding on the parties involved.

• A. 1 and 2 only
• B. 1 and 3 only
• C. 2 and 3 only
• D. All are correct

Answer 1

Answer:

B. 1 and 3 only

Inter-State River Water Disputes Act, 1956: Key Provisions and Amendments

• The Inter-State River Water Disputes Act, 1956, was enacted by the Parliament under the authority granted by Article 262 of the Indian Constitution.

• Article 262 specifically empowers Parliament to legislate for the adjudication of any dispute or complaint with respect to the use, distribution, or control of the waters of, or in, any inter-state river or river valley.

• It explicitly states that Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint.

• Regarding Statement 1: The Act empowers the Central Government to establish an ad hoc tribunal for resolving disputes over inter-state river waters.

  • This statement is correct. The Act provides for the establishment of an ad hoc Tribunal by the Central Government if a request is made by a state government and the Central Government is of the opinion that the dispute cannot be settled through negotiations.

  • This highlights the Central Government's crucial role in mediating and resolving inter-state river water conflicts.

• Regarding Statement 3: The tribunal’s decision is final and binding on the parties involved.

  • This statement is also correct. Once a tribunal gives its award (decision), it is published in the Official Gazette by the Central Government and becomes final and binding on the states involved in the dispute.

  • The Act ensures that the decisions of these tribunals have legal enforceability and bring a definitive resolution to the disputes.

• Regarding Statement 2: The Supreme Court retains jurisdiction over disputes referred to the tribunal.

  • This statement is incorrect. As per the mandate of Article 262(2) of the Constitution, the Inter-State River Water Disputes Act, 1956, explicitly bars the jurisdiction of the Supreme Court and other courts over disputes referred to a tribunal established under the Act.

  • The intention is to provide a specialized and final mechanism for these complex technical and political disputes, without further litigation in the Supreme Court.