Water Disputes and the Imperative for a Comprehensive Framework in India

Shanaz and Maruthi, T. R. (2023) Water Disputes and the Imperative for a Comprehensive Framework in India. Trinity Law Review, 3 (2). pp. 1-6. ISSN 2583-3588

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Abstract

India, as a union of states, has constitutional provisions that outline the allocation of responsibilities between the central government and the states. These provisions are categorized into the Union List (List-I), the State List (List-II), and the Concurrent List (List-III). Article 246 of the Constitution specifies the subject matter of laws to be enacted by the Parliament and the state legislatures. Given that many rivers in the country flow across state boundaries, the regulation and development of water from these inter-state rivers often give rise to differences and disputes between states. The Constitution designates water as a matter falling under Entry 17 of List-II, which pertains to the State List. However, this entry is subject to the provisions of Entry 56 of List-I, which relates to the Union List. This constitutional framework establishes that while states have the primary authority over water resources, the central government also possesses powers to legislate on inter-state water issues. This abstract highlights the significance of water as a subject matter governed by the constitutional distribution of powers in India. With most rivers being inter-state in nature, conflicts arise regarding the regulation and utilization of water resources. This study emphasizes the constitutional provisions that allocate responsibilities for water regulation and development in India. It underscores the need for cooperative governance and effective mechanisms to address inter-state differences and disputes related to water resources.

Item Type:	Article
Uncontrolled Keywords:	Water Disputes, Inter-state water dispute Authority, Indian waters
Subjects:	L LAW > LAW
Divisions:	Department of > Law
Depositing User:	Dr Raju C
Date Deposited:	02 Jun 2023 06:15
Last Modified:	04 Jul 2023 07:12
URI:	http://eprints.uni-mysore.ac.in/id/eprint/17499

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