Part XI: Relations Between the Union and the States

Article 262: Adjudication of Disputes Relating to Waters

Original Article:

(1) Parliament may by law provide 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.

(2) Notwithstanding anything in this Constitution, 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 as is referred to in clause (1).

Explanations:

Article 262 empowers Parliament to legislate on the adjudication of disputes concerning the waters of inter-State rivers and river valleys. It also allows Parliament to exclude the jurisdiction of the Supreme Court and other courts over such disputes, reinforcing the role of specialized tribunals in resolving water-related conflicts.

Clause-by-Clause Explanation:

Clause (1): Legislative Power of Parliament

This clause authorizes Parliament to enact laws for resolving disputes regarding the use, control, or distribution of inter-State river waters. It ensures a legislative framework for equitable water-sharing agreements between States.

Clause (2): Exclusion of Court Jurisdiction

Parliament can legislate to bar the jurisdiction of the Supreme Court and other courts over disputes covered under this Article. This promotes efficient resolution of such conflicts through dedicated tribunals.

Legislative History:

Article 262 was adopted to address the potential for disputes between States over river waters. The Inter-State Water Disputes Act, 1956, was enacted under its provisions, providing mechanisms for resolving such disputes.

Real-Life Examples:

• Cauvery Water Dispute: This long-standing dispute between Tamil Nadu and Karnataka was adjudicated under the provisions of the Inter-State Water Disputes Act, demonstrating the significance of Article 262.
• Krishna Water Dispute: Disputes among Andhra Pradesh, Maharashtra, and Karnataka over the Krishna River were resolved using mechanisms established under Article 262.

Debates and Deliberations:

The Constituent Assembly debated the importance of managing inter-State water disputes effectively. Key contributions included:

• Dr. B.R. Ambedkar: Advocated for a central mechanism to ensure equitable water-sharing and avoid inter-State conflicts.
• H.V. Kamath: Stressed the need for impartial tribunals to address disputes efficiently and fairly.