Inter-State Relations

The success of the Indian federal system rests not only on cordial relations and close collaboration between the Center and the states but also on the interrelationships of the states.

In India, interstate relations are characterised by both conflict and collaboration. There are disputes among Indian states over sharing water and territorial boundaries. The disputes have resulted in violent clashes between states on several occasions; a recent example is violence that happened over the Assam-Meghalaya border dispute.

However, the interrelationship of the states is also about collaboration and coordination, which was evident in the successful GST rollout, in the establishment of The Commission for Air Quality Management in National Capital Region and Adjoining Areas, and above all, in the management of Covid-19 pandemic.

By envisaging such circumstances, the framers of the Constitution made the provisions of inter-state relations to strengthen mutual coordination between states. The Constitution has provided for the following provisions in matters of inter-state relations:

1. Mutual recognition of public acts, records and judicial proceedings (Article 261)
2. Adjudication of inter-state water dispute (Article 262)
3. Coordination through inter-state Councils (Article 263)
4. Freedom of inter-state trade and commerce (Article 301-307)

Inter-State Water Disputes

Water comes under the purview of states under entry 17 of the state list, which includes water supply, water storage, irrigation, canals, embankments, drainage and hydropower.

In matters of interstate rivers and valleys, the Centre is empowered to legislate under entry 56 of the Union List, which includes regulation and development of interstate rivers and river valleys.

Further, Article 262 empowers the Parliament in the matters of adjudication of Inter-water disputes. It provides the following provisions:

1. Parliament will adjudicate complaints on any dispute associated with water use, distribution and management of inter-state rivers and river valleys by enacting legislation.
2. Parliament can even make arrangements that neither the Supreme Court nor any other court will have jurisdiction in such a dispute.

Under this provision, the Parliament has legislated two laws:

1. River Boards Act, 1956 – formed using the power given in entry 56 of the Union list.
2. Inter-State Water Disputes Act, 1956 – formed under Article 262.

River Boards Act 1956: The Act provides for establishing river boards to regulate and develop inter-state rivers and river valleys. The Central government sets up a river board at the request of the concerned states to advise them.

Inter-State Water Disputes Act 1956: The Act provides for adjudication of disputes involving interstate rivers and river valleys.

1. Formation of Tribunal: When any request under this Act is received from any State Government involving any water dispute on the inter-state rivers and the Union Government is of the opinion that negotiations cannot settle the water dispute, the Union Government sets up a Water Disputes Tribunal for the adjudication of the water dispute.
2. Membership of the Tribunal: The tribunal consists of a Chairman and two other members, nominated on this behalf by the Chief Justice of India, from judges of the Supreme Court or of a High Court.
3. The decision of the tribunal is final and binding on the parties. The parties must give effect to it.
4. The Act bars the jurisdiction of other courts.

So far, nine inter-state river water dispute tribunals have been constituted, of which five are active.

Inter-State Water Tribunals
Tribunal	Year	States Involved
Krishna Water dispute tribunal-I	1969	Maharashtra, Karnataka, Andhra Pradesh
Godavari water dispute tribunal	1969	Maharashtra, Karnataka, Andhra Pradesh, Madhya Pradesh, Odisha
Narmada water dispute tribunal	1969	Rajasthan, Gujarat, Madhya Pradesh, Maharashtra
Ravi & Beas water dispute tribunal	1986	Punjab, Haryana, Rajasthan
Cauvery Water Dispute Tribunal	1990	Karnataka, Kerala, Tamil Nadu, Puducherry
Krishna Water Dispute tribunal-II	2004	Maharashtra, Karnataka, Andhra Pradesh
Vansadhara water dispute tribunal	2010	Odisha and Andhra Pradesh
Mahadayi Water Dispute Tribunal	2010	Goa, Karnataka, Maharashtra
Mahanadi Water Dispute Tribunal	2018	Odisha, Chhattisgarh
* Those highlighted in green are active ones

Why was an extra-judicial mechanism necessitated in the case of inter-state river disputes?

Article 262 of the Indian Constitution bars the jurisdiction of the Supreme Court or any others for the following reasons:

1. These types of disputes are political in nature and involve the sentiments of people; hence, it is important to approach such issues with extreme sensitivity. Only a political solution can satisfy the demands of the concerned parties.
2. To avoid delay and complexities involved in a litigation process.
3. To ensure speedy and amicable decisions through a quasi-judicial body.
4. To avoid conflicting judgments on the same issue by different courts.
5. To respect the autonomy of states in managing their own water resources.
6. The tribunals are equipped with the requisite expertise and data to deal with such complicated issues; this may not be available in the case of courts.

However, the Supreme Court has asserted its jurisdiction over inter-state river water disputes by invoking its rights under Article 136 (special leave petition) and Article 142 (enforcement of decrees and orders for doing complete justice). The Court held that it could review the tribunal’s decision on the grounds of manifest error, perversity and violation of fundamental rights.

Inter-State River Water Disputes Amendment Bill, 2019

Context: To deal with the shortcomings of the existing Act, such as long-festering delays and lack of transparency in the framework and guidelines of the working of tribunals, the government brought an amendment to the current Act. The key features of this bill are: The bill seeks to establish a central tribunal against numerous tribunals existing currently.   The bill fixes a strict timeline for the adjudication; the tribunal must give its decision within two years, which may be extended to one more year. The bill removes the requirement of publishing the decision in the official gazette.  The bill makes it mandatory for the Central government to make a scheme for the implementation of awards.

Inter-State Councils

Article 263 of the Indian Constitution provides for an inter-State Council to be established by the President to resolve the mutual disputes between states and promote a sense of cooperation among them.

The Constitutional provisions under Article 263 empower the President to define the duties of the council. The Article mentions duties that can be assigned to the council: