From Tribunalization to Constitutional Adjudication: Reforming Inter State Water Dispute Resolution in India

  • Madhumitha Gopinath
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  • Madhumitha Gopinath

    Advocate at Bar Council of Tamilnadu & Puducherry, India

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Abstract

Water is the most essential resource for all living beings. It plays a key role in food production, meeting basic human needs, and supporting a healthy ecosystem. Even though water is a renewable resource, its availability is limited. Therefore, we must protect and use it sustainably. This study looks at how well India’s tribunal based system works for settling inter-State river water disputes under the Inter-State River Water Disputes Act, 1956. Although Article 262 of the Constitution allows for judgment through specialized tribunals, the experience shows ongoing delays, inaction from the executive branch, and continued involvement from the Supreme Court. Tribunal decisions often face further judicial review, which leads to duplication and undermines the goal of quick and final resolution. The paper argues that the current system has not provided institutional efficiency or constitutional clarity. By comparing it to the United States model, it suggests a new framework for India. The study concludes that bringing all jurisdiction under the Supreme Court would improve efficiency, consistency, and cooperative federalism, especially as water stress and climate uncertainty increase.

Keywords

  • Inter-State Water Disputes
  • Cooperative Federalism
  • Supreme Court Jurisdiction
  • Tribunal Mechanism
  • Inter-State River Water Disputes Act
  • 1956

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 9, Issue 1, Page 1578 - 1595

DOI: https://doij.org/10.10000/IJLMH.1111448

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