GOVERNANCE OF INTER - STATE RIVER WATERS IN THE PERSPECTIVES OF FEDERAL PRINCIPLE IN INDIA

Rajaram Naik

Abstract


India is a Union of state and federal country.  In order to maintain successful federalism, it is necessary to maintain friendly relationship among member States.  Post Constitution and after the State reorganization, the river flows from more than one State becomes inter – State river. The river water is always in the state of flow, therefore, no one can claim right over the flowing water. In a case, where any upstream State extracts every water available in the territory, there may exist dispute between States. Therefore, to have disputes, in relation to the sharing of waters of the inter – State river are not advisable in the federal country. So, co-operative federalism is required to be adopted. The principle of equitable apportionment must be implemented, irrespective of any prevailing situation of upstream State. Water is a subject matter under the State list,  subject to, intervention by the Parliament, who can declare,  the CG shall control the regulation and development those rivers which flows from more than one State in the interest of public. The Constitution plays a significant role in maintaining federalism successfully. In this event, it has empowered the Parliament to make laws in order to provide forum for adjudication in respect of resolving disputes of sharing of inter State river waters between the States. The forum constituted for resolving disputes have given power of the Civil Court under the Code of Civil Procedure and the award passed by them has equal footing as of the decree passed by the Supreme Court.


Keywords


Inter State River, Federal Principle, Adjudication, Water Tribunal.

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